^"H^ilT^^ 



»W®^l^^^Sf 



OR, 



ON Tits 
rKIXCIFI.Eg AND POLICY OP 

FEEE STATES. 

RkilSG A VmriCVZAH liEtT,IlS3?CE TO THE 

UNITED STATES OF AMERICA 

ANB THE 

INDIVIDUAL STATES, 



BY WILLIAM c/jARVIS, ESQ, 

COUNSELLOR AT LAW. 



** But let US not negle'ct, on our part, such means as ar© 
in our power, to keep the cause of ^ruth, of re oa,, 
of virtue and liberty alive/* Patriat King. 




PITTSFIELD : 






THE following sheets, -which have been the oc* 
eupation of some leisure hours, may not contain any 
thing new, or entertaining to the man of letters ; if 
4hey contain nothing .which is censurable, in the es- 
timation of the cridc and phylogist, the author will ^^ 
be satisfied. 

In the present age little can be ©Kpociod, of a nov- 
el character, in relation to politics : and such has ' 
been the state of party feeling, in this country, for 
years past, that any abstract disquisiion of a politic- 
al character, would have been but illy received.— 
Happily for us all, this state of excitement is now so 
fur moderated, that the minds of nsen are prepared 
to examine, wlih coolness, moral and political truths, 
v.^ithout associating with their tendency the fate of 
parties. Nay, men of sense seem willing to look 
back upon the past agitations and turmoils of ilie 
country ; upon the conflicts of ptarties aijd opinions, 
with a view of discovering in what points the impuls- 
es of zeal have caused good and honest men invol- 
untarily to aberrate from the patli of right reason. 
At such a period, then, when ihe storm has subsided^ 
and the sea has become calm and tranquil, we may 
venture out with our little barque, with less fear Of 
disaster and shipwreck, than heretofore. 

Discarding all party views, and being desirous of 
'Contribiiting a mile tc the cause of iruih and viftue . 



4 

hy the publication of this treatise ; we hepe, at least 
that our motives will escape censure. Indeed, when 
3t is considered, that nations are happy or miserable, 
i>ot so much on account of the favors of nature, as on 
account of the structure and administration of polit- 
ical institutions; the rational mind will never dis- 
dain any publication, which serves to turn the atten- 
tion of men to principles and truths, calculated to 
enlarge the stock of human happiness. 

The author has seen, somewhere, a beautiful and 
pathetic observation of a French writer on the sit- 
liation of Egypt : Here despotism, he' says, with a 
f/Ceptre of iron, oppresses the most beautiful coun-. 
i.ry Hi ..tc v/oiiii ; ana it seems as if the mislortunes 
of the inhabitants were increased in proportion to the, 
efforts, which nature makes to render them happy. 
JVIelancholy truths like this, evinced in so many part* 
of the globe, teach us, in this country, the value of 
our own political rights and privileges ; and sn- 
vrease the sense of obiiiyaiion we are under, to trans- 
jnit these blessings, unimpaired, to posterity."^— 
Whatever, then, has a tendency to make us think 
;ind reflect «pon the best measures of perpetuating 
our political enjoyments, and of transmitting them, 
unimpaired, to our children, will ever meet with a 
f:andid reception, it is believed, from the patriotic 
and benevolent of all parlies. 

In this happy country, the farmer, the manufae- 
turer, and the mechanic; the individual concernrd 
in the avocations of trade, and the mariner who 
ptouglis the ocean for subsistence, have all a deep 
interest in the affairs oi government. These res- 
pectable classes of the commtiniiy, with iisj are not 



B 

beveled together like sheep, to tremble before the 
rod of a despot ; they retahi themselves the sove^ 
reignty ; which they are obligated to use and dele- 
gate with intelligence and honesty. 

Each individual, therefore, has a direct interest ia 
acquiring some knowledge of the principles upon 
"^hich government is founded ; and in making him- 
self acquainted w;ith some of the prominent features 
of political economy. In making these investiga- 
tions, he is bound to resist the impulses of party ex- 
citement, and to consider principles in the abstracts 
in order that his opinions may rest upon a sure and 
satisfactory foundation. But it would be difiicuh, if 
not impossible, for the generality of men to find lime 
aufficient to wade through all the writers, and com-- 
mentators, that treat of the principles of government, 
and the science of politics : A short treatise, there- 
fore, calculated to induce men to think, rather than 
to r«ad, upoo subjects of this kind, will never be a- 
miss, either in the hands of the youn^ or old. 

A course of reflection like this, has suggested the 
idea of the imperfect publication, which is now, 
with great diffidence, submitted to the public ; and 
ifit should be the means of inculcating one correct 
sentiment, or of confirming one liberal principle, in 
the mind of an American citizen, the author will be 
amply paid for the risk to which he subjects himself, 
in submitting to the public eye, his own desultory 
1;houghts and reflections. 

In what follows, we have not aimed to establish 
Tisionary theories, after the manner of many great 
philosophers j we have taken man as he isj ai^d en- 

A 2 



ueavorcd to obtain a glimpse of the true foundatioB^ 
of his rights and obligations. In doing this, as well 
as in the views presented of ihe more considerable 
features of the civil administration of our govern» 
inent, we have called to our aid such historical illus* 
trations as have occurred ; and have taken also for 
our guides, some of the most approved writers upon 
the principles of natural law, and political affairs. 

We have not, however, written to instruct those^ 
%\hose heads have grown grey in the service of iheir 
country; nor intended to dictate to the learned and 
the wise. Our civil, military, and naval officers, will 
receive nothing, which is written here, in relation 
to them, in character of precept or advice : but the 
distinguished and conspicuous characters of our 
country, will not be disposed to censure any thing 
which has a tendency to lead others to form liberal 
and correct opinions) in relation to their nr.oiives and 
conduct. 

With that numerous class of community, who 
pursue the private paths of life, without making pre* 
tentions to learning, I wish to hold brotherly com- 
munion': -and tliose of them, who may read the fol* 
lowing essays, will reflect and judge for themselves, 
how far the views which they present, coincide with 
their own, and are calculated to promote the happi* 
ness of our common country. 

To the school-boy, also, v/ho may take pains to 
turn over these leaves, I can sincere'y express a 
"wish, that he may read this book, as he ought to 
read all others ; not with a view of adopting or re«» 
jecting, entirely, the sentiments and opinions it con- 
tains; but with a yiew of ex^miping how far they 



fnay be usefully applied, in the discliarge of his fu- 
ture duties, as a man and a cidzen. 

With these observations, the author consigns the 
succeeding essays to the press ; but not without ex- 
periencing a return of that solicitude, which has been 
the constant monitor of his labors i a solicitude,, 
which, while it has excited, has always embarrassed 
his literary pursuits; and which prompts him now 
to pray, that this book may produce no injury to the 
cause of truth, morality, and liberty. 

Fittsjield^ (Mass.) April 1, 182Q. 



THE Ta.ET\i:Biiicax 



PART FIRST. 



PROEM. 



The Emperor Solyman had, in his seragl- 
io, a beautiful female Circassian, who, for a 
long time, retained the undisputed posses- 
sion of his heart. During the triumph, 
which love gave her over the affections of 
the Sultan, she brought him a son, who was 
called Mustapha. For this child the Tur- 
kish Emperor cherished a lively affection, 
until the arts and intrigues of another mis- 
tress, converted the paternal feelings of the 
father into hatred and seated revenge. Rox- 
alana, a Russian slave of the Harem, who sup- 
planted the fair Circassian, in the affections 
of the capricious monarch, was a woman, 
not only of singular beauty, but of remarka- 



10 THE REPUBLICAN. 

ble talents and address ; and while her do- 
minion lasted, she added to the progeny of 
her royal paramour four sons and a daughter. 
Cherishing a natural regard for her own chil- 
dren, she dreaded the elevation of Mustapha 
to the throne of the Ottomans : fearing, that 
with the commencement of his reign, would 
end the lives of her own offspring. She, 
therefore, meditated his destruction ; and by 
procuring Rustan, the Grand Visier, to mar- 
ry her daughter, she enlisted him, as an ac- 
complice in her detestable project. By va- 
rious arts, this insinuating woman induced 
the Emperor to manumit her, and to raise 
her from the humble condition of a slave, to 
be the lawful partner of his bed and throne. 
This point being gained, neither she or Rus- 
tan left any arts untried, to excite the preju- 
dices of Solyman against Mustapha. As 
the youth had no vices, his virtues were tur- 
ned to his disadvantage ; and the amiable 
and excellent young man, was incessantly 
represented to the monarch, as being remar- 
kable for his talents, his fascinating manners, 
and virtuous habits of life. His popularity 
among the soldiers and people, was mischiev,. 
ously magnified, and allusions were made, 
as if by accident, to the rebellion of Selim^ 



-XHE REPUBLICAN. li 

the father of the Sultan, against his grandfa- 
ther Bajazet. At length a correspondence 
%vas suggested, as existing between Musta- 
pha and the Sophi of Persia, the mortal a- 
version of the Turkish Emperor. 

These machinations alarmed the Sultan ; 
and fear, which always haunts a despot, made 
him tremble for the security of his throne 
and person, while he revolved in his mind 
the horrible scheme of destroying his son.- — 
These unnatural reflections were matured in- 
to settled determinations, by additional arts ; 
and the Emperor being so far imposed upon, 
as to believe, that Mustapha had determined 
to wade to the throne, through the blood of a 
parent, resolved, with a blow, to extin- 
guish the source of his fears, and the object 
of his hatred. 

Accordingly, he sent orders to have Mus^ 
tapha brought to his tent ; the summons 
was readily obeyed by a son, who, though 
apprised of his father's displeasure, reposed 
in the consciousness of his innocence. — 
When he arrived at the pavilion, he found all 
stillness; but, the immediate presence of 
four mutes, forwarned him of his fate : and 
he exclaimed, in the accents of despair : lo 
my death ! He resisted, with vigorous ef« 



12 THE REPUBLICAN. 

forts and loud cries, the attempts of his as-^ 
sassins ; begging that he might be permit- 
ted to see his father. The Emperor, who 
was secreted in an adjoining compartment 
of the tent ; fearful, lest the cries of his son 
might prevent the execution of his bloody 
purpose ; drew aside the curtain which con- 
cealed him ; and thrusting through the o- 
pening a face expressive of fear, rage and 
revenge, chided by his looks, alone, the tar- 
dy executioners. Mustapha, at sight of this 
yielded without another struggle, his neck to 
the bow string ; and died untried, unheard : 
the innocent victim of despotic fear, (a) 

This is but one among a thousand pictures, 
which represent the fears and horrors of des- 
potism : and every one must perceive, that 
under governments where such abominable 
wickedness can be perpetrated, with impuni- 
ty ; ignorance must be safety, and virtue 
and knowledge must be destruction. Under 
such a government, superstition is encour- 
aged, every generous and liberal sentiment 
is suppressed, and fear is universal. It is 
treason to inquire into the foundation of the 
regal authority ; and nothing can be more 

Ca} See this story, as related morQ at length, by Dr, 
Bob^rtson, 3 YqI. Cliarlgs 5tU, 



THE REPUELICANe 13 

impious, than to deny to the Sultan the attri= 
butes of the Divinity. But all this isneces- 
sary to enable one man to rule the millionj 
with arbitrary and unlimited sway. And 
this will be more or less the case, under ev- 
ery form of government, in which the peo- 
ple do not participate. But when mankind 
dissolve the fetters of fear and ignorance, 
and assert judiciously the right of participa- 
ting in the government of themselves ; truth 
with her mirror, dispels the clouds bf super- 
stition, and wisdom cooperates with strength 
to break in pieces the chains of slavery. 

At such a period, mankind begin to in- 
quire after their natural rights ; and into the 
true foundations and end of civil govern^- 
ment. The precarious nature of natural 
liberty, is maturely considered, as well as the 
dangers of absolute despotism. And the 
people, having their own interest in view, 
proceed to institute government, upon princi- 
ples calculated to promote their security and 
happiness. 

Such was the course pursued by the peo- 
ple of this country, in forming the several 
constitutions, so happily established among 
us. — And it is the duty of all, interested in 



i4 THE REPITBLICAK'* 

their preservation, 4o make themselves ac 
quainted with the great principles iipou 
\vhicli they have been established. 

In doing this, we are only pursuing inqui- 
ries, conducive to our own happiness, with- 
out disturbing the repose of other nations 
and governments. And while we thus en- 
deavour to preserve the blessings of our own 
civil and political institutions, our share will 
be done, in the work of promoting human 
happiness. Should philanthrophy pronipt 
us to go beyond this point, and induce us to 
propagate our political principles among eth- 
er nations, v/e may defeat our own purposes, 
and be casting seed upon soils, not prepared 
to receive it, which may produce nothing in 
the end, but briers, and thorns, and jungleso 

Under the influence of these views, in the 
-essays composing the first part of this trea- 
tise an attempt will be made to explore some 
of the truths and principles, which are the 
moral foundations of a republican state ; and 
with these we shall endeavour to con» 
iiect some notions of the nature of our own 
political systems, and of the rights and cbll- 
-;S:ations incident to them.. 



THE REPUBLIC A N-o 15 

OF THE NATURE OF' MA5?- 

IN Qvevy enquiry concerning the nature 
of governmentj it is proper to begin by an 
examination of first principles : and it will 
not, therefore, be amiss to bestow a little at- 
tention upon the nature and character of the 
human animal, for whose use and advantage 
human government is instituted. In truth, 
before we can form any correct notions of 
civil institutions, we must possess some 
kno\vIed<^"e of hiniian r.aturc : for it Will irt* 
impossible to judge, wath propriety, of the 
fitness of human laws, unless w^e make our-' 
selves acquainted with the nature, v/ants, and 
rights of the individual, for w^hoss advantage 
ihey are promulgated. 

Man is remarkably distinguished from all 
other aninicis, by the variety of his bodily^ 
and the superiority of his mental faeultiea*. 
His wants, particularly when he is placed in 
unrelenting and inhospitable climates, arc 
numerous and urgent ; but his capacity to 
supply them, is found in the superior resour- 
ces of his mind. All animals, excepting 
lliose of our own species, are. by the Diyin- 



iCi THE REPUBLIC AiY. 

it}^, provided with necessary external protec- 
tion against the inclemency of the seasons : 
the lion and the lamb, i\i this respect, share 
alike the benevolence of Heaven. But, man 
}s placed naked upon the earth, and compel- 
led to seek, in the resources of his mind, for 
those supplies, which nature furnishes gra- 
tuitously to other animals. 

The materials of comfort and enjoyment 
are, indeed, scattered Vvide before us, but 
our mental powers must be exerted, before 
the spontaneous bounties of nature can be 
converted to the adequate supply of our 
;;«;/i.-7. Li u,v: ;r,v'c:l states of human exi^i 
tence, man must project a plan to ensnare 
the wild beast of the forest, in order to sup- 
ply himself with a garment. To this end, 
the arrow must be sharpened, and the bow 
formed, or the insidious pit be prepared., 
to bring within his power his destined victim : 
and even after lliis is accomplished, instru- 
m.ents must be invented; to separate the skin 
from the carcase, or else the triumph of man 
would be bootless, faj 

(^aj See C?:sar's description of the dress of the Snevj, 
" Alque in earn se consuetudineni addiixerunt, lit locls iVig- 
i'liaslmis neqiie vestitus, prxtcr pellfes, habeant quidquam." 

Commenlavies. 

TarlUis Manners of tl^'^ ^'.-v't-- '■•■■ r -i-i!, 



THE REPUBLICAN. 17 

Even ill the more advanced stages of so- 
ciety, nature but - presents the trees of the 
forest, and the marble, and the metals of the 
earth to the human eye ; imposing upon hu- 
man intellect, and human hands, the task of 
converting tliem into mansions of elegance 
and comfort. Nay, more : the ocean is 
sjiread before us wide and agitated with 
storms ; but it is our task to convert the 
rudest materials^ of the earth into arks of 
safety, in which we may traverse the deep, 
deriding the tempest, and making the very 
w inds subservient to our purposes, fbj 

But, what distinguishes man, preeminent- 
ly, from all other animals, is his ability of 
improving himself, by the wisdom and 
errors of his fello\^- creatures. His own 
knowledge, and intellectual acquisitions, by 
the powers and modifications of languages 
he is able to communicate, not only to his co- 
temporaries, but to his posterity : and thus^ 

fbJ lili robur et ses triplex 

Circa peo.us erat, qui fragilem truci 

Commisit pelago ratem 

Primus, nee timviit pr^cipitem Africum 

Decertantem Aquilonibus, 

Kec tristes Hyadas, nee rabiem Noti. 

Horat. lib. 2. Qd. 2. 
B 2 



18 THE REPUBLIC A:;. 

not only his own, but after generations, reap 
the advantat^cs of his mental acquirements. 
PvLide and unlettered barbarians hiid the foun- 
dations of that prodigious empif-e, which, in 
the course of human improvement, in the 
iu^eofthe Antonines. astonished and deli dit- 
ed the world of mankind ! Yes ; the rndc 
furrow of the plough, circumscribed thclini' 
its of that citv, 

*' From whence the race of Alb^n falli :. 

•' And the long- glories of raaje^lic Uoine" ! 

But man is not alone distinguished by a 
capacity to improve upon himself : he has 
been wisely subjected to the influences of 
his passions, and made the creature of action. 
Agitated by his feelings, he yields alternate- 
ly to the dominion of hope and fecir r 
at times we behold him subjected to the im- 
pulses of revenge, but again we perceive the 
liner emotions of love and gratitude, predom- 
inating: in the human breast. 

Amid the conflicts of passion, reason as- 
serts her empire ; and the coHisions of the 
heart yielding to the dominion of tiie mind, 
render man the creature of action and reflec- 
tion. Thus are the sails of life filled, and 
thus tl e rudder of the understanding, guides 
the human barque down the stream of 
life. 



" 1 i-i £ REPUBLIC A N . 1 9 

Between the sexes, nature has implanted 
ihe seeds of the most amiable affections, 
and she has gi\'en the female part of oiu' race 
a sufficient equfvalent, for its natural depen- 
dence upon man, in the lasting victory ob- 
tained through the instrumentality of love, 
Tlie ties and affections, which unite the sex- 
es, are not transient and ephemeral ; they are 
still more and more confirmed by age, and 
an interchange of kind offices : the children 
which surround us, add a charm to social 
enjoyment ; give duration to the union of 
their parents ; and spread out the foundations 
of society. 

In solitude man is nothing, but in society 
he is every thing. Alone in the forest, or 
the desert, he flies from imaginary dangers : 
but hov/ great is the difference, when he 
Vv^aiks forth in the city, vv^hich is replete with 
the monuments of his courage, his wisdom j 
and his knowledare. 

In the progress of society, and in the 
course of human improvemeiit, man has not 
been content with this world alone : his enter- 
prising spirit has so: red above the clouds, and 
Vv^andering among the luminaries of heav- 
en, has ascertained their courses, and the 
laws by which they exist and move, through 



20 THE REPUBLICAN. 

the vast regions of space. Who, but iiian 
has contemplated the existence of a God ! 
and who but he, has transported his mind 
beyond the confines of the grave, into realms 
of perennial bliss ; or darted into the abyss- 
es -of punishment, and beheld, under the 
lash of divine justice, the wretch, who has 
deliberately offended Infinite Benevolence, 
by intentional disobedience to the commands 
of God, and voluntary aberrations from the 
paths of right reason. Surely a being, such 
as man, possessing such powers of mind, 
and susceptible of such vast improvement, 
was never designed to be a slave to his fel- 
low ! Let us rather believe, that he was born 
to break down, and tear in pieces, every ob- 
stacle to his moral and intellectual improve- 
ment, and to refine and exalt himself, in the 
scale of intelligent existences : thus approx- 
imating himself, in a degree, towards that 
Infinite Intelligence, which presides over the 
universco 



THE REPUBLICAN. 21 

ON THE NATURAL EIGHTS OF iMAX. 

HAVING glanced at the nature of man, 
let us now view him, for a moment, in a state 
of nature. 

The natural state of man, as contra-dis- 
tioguished from the civil state, may be rep- 
resented as that, in which he neither governs 
his fellow- creatures, nor is governed by them : 
it is a state of perfect equality and indepen- 
dence, resulting from a general equality of 
Doauy strength, arid meniai capaciiy, fdj 
In a state of nature, however, where we sup- 
pose an absence of all civil regulations, man 
is not without his rights ;, and those which 
are possessed by him, in his natural condi- 
tion, are denominated the natural rights of 
man. 

By nature, man is inspired vidth the strong- 
est desire of life and happiness ; and these 
desires being common to all men, disclose 

('a J Vide Locke on Gov. Book 2J. Chap. 2d. Hobb's de 
Clve. ch. 1, Sec. 2d. 

In a state of nature, the general equality of bodily strength 
must be much more apparent, than in a state of civil society. 
Vide Tacitus Manners of the Germans, 4 Sec. See Gibbon's 
;vt;count of the pastoral manners of the Scythians and Tar- 
larg. Decline and Fall Rom. Emn. 3 Yol 314. 



^^ THE iiep"u:b'licajj. 

among them an uniform, and universal spring 
of action. As by nature, all men are en- 
dowed-vvith nearl)- the same fliculties of body 
and mind, which were wisely bestowed to 
enable them to fulfil the destinies, which a 
benevolent Providence has assigned them : 
the free exercise of these faculties, is indis- 
pensibly necessary to promote the objects 
and purposes of their existence. Indeed, 
nothing can be plainer, than that every man's 
actions and labours are his ow^n, and at his 
own disposal ; and that he has consequently 
a right, innocently to appropriate and dispose 
of them, in such a manner, as will most ef- 
fectually subserve his laudable desires and 
inclinations. 

No one will, for a moment, dispute the 
Jiatural rig^iit of man to preserve his life : 
and whoever considers his nature and char- 
acter, will not hesitate to acknowledge the 
strong obligations he is under to improve 
and cultivate himself, and to consult, not on- 
ly his own safety and happiness ; but that 
also of his children. But this cannot be 
done, unless we are at liberty to make use of 
the faculties, which God has given us. — • 
And, hence if we have a right to life, we 
have, consequently, a right to liberty, in or- 



THE REPUBLICAN. ^ 

dcT that we may make the best use of life. 

This freedom, which we inherit by na- 
ture, consists only in a liberty to do right; 
but never to do wrong. All men, by na- 
ture, being precisely equal in point of rights, 
no one has any prerogative to interfere with 
those rights of others, which equally apper- 
tain to each individual. In a word, each 
one must exercise his own rights innocent- 
H% {^dj and none can wantonly deprive us 
of that liberty, which is essential to the en» 
joyment of our faculties, and the perfection 
of our natures. From this it follows, that 
all men have a natural and equal right to life 
and liberty, in respect to their fellow- mor- 
tals. 

As we are free to direct, and appropriate 
our labours and actions, in the innocent pur- 
suit of our happiness, and the perfecting of 
our natures ; we perceive, arising from this 
foundation, the rights and obligations in re» 
lation to property. 

In the beginning God gave toman ^' do- 
'' minion over all the earth, and over the fish 
" of the sea, and over the fowl of the air, and 
^' over every living thing that moveth upon 
'^' the earth." This explicit gift of the Al- 

fbj L<?cke, book 2, chap. 2, Puff€J)dorf, book 2. ci)sp. 2 



24 THE REPUBLICAN, 

mighty, was made in common to mankind- 
and communicated to no individual any ex- 
clusive right to any of the vast property, ce- 
ded in common to the human race. Indeed, 
mankind have frequently enjoyed property 
upon the principle of this beneficent dona- 
tion : a community of goods and posses- 
sions, having been common, among pastoral 
and uncivilized nations. But the introduc- 
tion and use of agriculture has, heretofore, 
gradually suggested to mankind the necessi- 
ty and advantage of separate possessions .; 
and it is the true foundation of such posses- 
sions, which we aim te elucidate. 

Notwithstanding the diversity of opinion, 
which has existed among the learned, in re- 
lation to the true foundations of property ; 
we apprehend, that Mr, Locke, after all, is 
in the right. *' The labor of a man's body," 
says this writer, " and the work of his hands, 
*^ we may say are properly his. Whatsoev- 
" er, then, he removes out of the state that 
*' nature hath provided and left it in, he hath 
" mixed his labor with, and joined to it 
" something that is his own, and thereby 
*' makes it his property." fcj 

If, therefore, in the state of nature, I fall 

f cj Locke on Gov, book 3. chap. 5. 



THE REPUBLICAN. 25 



the untouched and unclaimed tree in the 
forest ; or cultivate, or inclose a tract of land 
l3ang unclaimed, upon the bosom of nature ; 
the tree or the land becomes mine : because, 
having mingled my labor with these subjects, 
I have in consequence of it, a highej: degree 
of title to them, than any other human being. 

A title to property could not have been, o- 
riginally, derived from a possession, merely 
constructive, and unconnected with anv act 
of labour ; notwithstanding, a doctrine of 
this kind may favour the projects of avarice 
and ambition. The true and rational foun- 
dation of property is labour : and of this o- 
pinion seemed to be the Patriarch Abraham, 
when he solemnly asserted his right to a well 
because he had digged it. fdj 

Men have, therefore, a natural right to 
life, liberty, and property, as against their 
fellow mortals ; and these rights, which they 
possess, are either alienable, or unalienable : 
that is to say, they are either such, as may 
be parted with or renounced, or such, as men 
have no moral right to dispose of. 

In the prosecution of this inquiry, an at- 
tempt will be made to explain, in the first 

fdJ Genesis, 21 Chap, Dwight's Theology, 1 Vol p. 15, 



26 THE REPUBLICAK% 

place, the nature of those rights which arc 
unalienable : and this being- done, a few 
remarks will be made, in relation to the al- 
ienable rights of mankind. 

Perhaps, it may seem paradoxical, that a 
being, perfectly free, can possess rights, 
which he has no power to dispose of to oth- 
ers ; yet, so is the fact, in regard to mankind. 
A right understanding, therefore, of this mat- 
ter is important to us, as it contributes to 
display more clearly, the just basis of civil 
authority. 

Our lives, it has been remarked, are our 
own, in respect to our fellow mortals ; but 
they are not our own, in respect to God. — 
As man has no power to create life, so he 
has no power to take it away or destroy it : 
and of course, he cannot grant to others 
a power, which does not appertain to. him- 
self. The individual, therefore, who is con- 
demned to death, in civil society, for a crime, 
is not executed in virtue of any consent, ei- 
ther expressed or implied, en his part, but 
the justice of his sentence rests altogether, 
upon the natural rights, which men have to 
defend themselves from injuries, (e) 

(e) Burlemaqiii, Vol. 2. p. 3. Chap. 4. § 5. 
;|..ocke on Gov. 3 Dook, CJiap, 4. § 23d 



THE REPUBLICAN". 27 

All mankind are under natural, and indis- 
soluble obligations, to nurture and support 
their offspring : and, from the very nature 
of this obligation, they have no right to part 
"with that portion of their liberty, the posses- 
sion of which is essential to the welfare of 
their children, (f) 

Men are, undoubtedly, under obligations 
to themselves and their Maker to improve, 
to the best advantage, their rational il^.cul- 
ties ; and, hence, they have no right, so far 
to dispose of their liberty, as to frustrate the 
designs of Providence, in the creation of aii 
intelligent being, (gj So likewise, men^ 
in using their own natural rights, cannot 
lawfully interfere \v'vX\ the rights of their 
fellow mortals : and for this reason, they 
have no power to part with their naturaljib- 
erty so far, as to render tjiemselves the pas- 
sive instruments of despotic power, to be 
wsed in destroying the rights and happiness 
of mankind, (h) 

In effect *^ all men^^ (to use the language 
of the Massachusetts bill of rights) *' are 
*^ born free and equal, and have eertai« natu- 

XfJ Pufendorf's Law Na. and Nations, book 4. ch. 1 1. § 4. 

(gj Ibid, book 2d, chap 4. § 2d, el seq. — Vattel; Look 
1 chap. 2. § 14. 

(h) Burlemaciiil, Yol. 2. part 1. chap. 7. § XX, 



<( 



4.i 



28 THE REPUBLICAN. 

** ral, essentia], and unalienable rights, a~ 
mong which may be reckoned the right of 
enjoying and defending their lives and lib- 
erties, that of acquiring, possessing and 
protecting property, in fine, that of seeking 
*' <tnd obtaining their safety and happiness.'^ 
This is a declaration, founded in reason, 
nnd the nature of things, and which might 
well be inscribed, in letters of gold, in the 
title page of every civil constitution of gov- 
ernmerit, in the world. It is the voice of na- 
ture, and justice ; and the precept cannot be 
too frequently impressed upon the heart of 
every intelligent and honest republican. To 
this declaration, so honourable to those who 
embrace it with sincerity and truth, we must 
add a section, from Burlemaqui, by wayofad- 
ditio'ial illustration : '^ Another distinction," 
says this writer, *^ Vvorthy of our attention is, 
*' that there are rights which may be lawful- 
*' ]y renounced, and others which cannot. — 
*' A creditor may, for example, forgive a 
*^ sum due to him, if he pleases, either in 
*' the whole or in part, but a father cannot 
^' renoinice the right he has over his children, 
** nor leave them in an entire dependence.— 
*' The reason of this diiference is, that there 
*' ^re rights which of themselves have a nat- 



THE HE7UBLICAN. 20 

'-' -ural connection with our duties, and are 
*^ given to man only as a means to perform 
^' them.— To renounce this sort of rights 
** would be therefore renouncing our duty, 
^' which is never allowed. But with respect 
" to rights that no way concern our duties^ 
** the renunciation of them is licit, and only 
^* a matter of prudence. Let us illustrate 
*^ this with another example.— -Man cannot 
*^ absolutely, and without any manner of re- 
*^ serve renounce his libea'ty, for this would 
" be manifestly throwing himself into a ne- 
^' cessity of doing wrong, were he so com- 
*' manded by the person to whom lie has 
** made this subjection. But it is lawful for 
^' us to renounce a part of our liberty, if we 
*' find ourselves better enabled thereby to 
^' discharge our duties, and to acquire some 
*' reasonable advantage. It is with these 
*' modiiications we must understand the 
*' common maxim. That it is alloxvahle for 
" every one to renounce his right ^^"^ (j) 

This last quotation leads us, by easy steps, 
to consider the quality of alienable rights. — * 
The rights, it seems, which are given to 
man, as a means of performing his dutie§^ 

(j) Burlemaciui, Vol. 1. part 1. chap. 7. -§ VIIL 

€ 2 



:30 TEE REPUBLICAN. 

cannot be lawfully renounced ; and his du- 
ties are to God, himself, his children, and 
liis fellow nnortals generall}'. But those 
rights which no way concern duties of this 
description may be lawfully relinquished. 

Rights to property, though founded in the 
<very nature of things, are alienable, and law- 
fully susceptible of a great variety of modi- 
fications. 

Though I am entitled to the possession 
and occupation of the piece of land with 
which I mix rny labour ; or to the bow and 
arrow, wliich I make for my defence, yet, in- 
the very nature of things, my title to these 
cannot continue longer ,than I live : or in 
other words, longer than I am capable of be- 
ing the owner of properly. At my death, 
by the law of nature, the land and the bow 
and arrow revert to the common stock ox 
mankind ; and the first actual occupier or 
possessor of either, whether friend or foe, 
will have the next title to them, in exclusion 
of my nearest kindred. The natural rights 
of all men to the derelict property being 
equal. 

U all this be true, by what right doeS 
property pass from the dead to some particu- 
lar living person or persons, by the laws of 



THE REPUBLICAN. 31 

descent, or by last Will and Testament? 
Surely, according to the rules of natural; 
laWj a man has no right to regulate the dis- 
position of his property after his decease ; 
nor can a society undertake to say, that a par- 
ticular estate, upon the death of A. skall be 
the property of B. unless the rest of the in- 
dividuals, composing this society, consent to 
it. But, if the rest of the society are wil- 
ling to surrender their claims to the estate, 
in favour of B ; his title to the property will 
be undisputed. It is therefore upon the prin- 
ciple, that the members of society, general- 
ly ^ release their reversionary interest in the 
property of dead men, in favour of their 
heirs or devisees, that the titie by descent and 
devise arises. The last will does not convey 
the title to the devisee, nor does the laws of 
descent transfer the property to the heir ; 
they rather appoint and designate the per- 
sons, in v/liose favour the rest of society are 
to release their common right of possession* 
And as the rest of society, by the law of des- 
cents and the law of wills, have contracted 
to release in favour of tlie heir or devisee ; 
the moment possession is taken by them, 
their title becomes perfect^ upon the princi- 
pk of first occupancy. 



32 THE REPUBLICAN. 

From this illustration it follows, that the 
laws of society, regulating descents and 
testamentary dispositions of property, arc 
not arbitrary enactments ; but rather laws 
reposing upon the well established principles 
of natural justice, and resting upon a lawful 
alienation of rights, on the part of commu- 
nity in favour of particular individuals. 

Although men may not part with the 
whole of their liberty, in such a manner, as 
to jeopardise the happiness of themselves, 
dieir children, and their fellow creatures ; 
or in such a manner, as to frustrate the object 
which the Deity had in view in creating an 
intelligent being ; yet, where it is necessary 
to part with a poition of their liberty, in or- 
der the better to secure the great objects of 
their existence, they act lawfully, and in con- 
formity with their duties. 

It is upon this principle, that an individual 
may validly agree to serve as a soldier, in the 
militia or army. Such an agreement, to be 
sure, impairs, in a degree, his natural lib- 
erty, by placing it at this disposal of his gen- 
eral ; but, by this partial alienation of his 
natural liberty, he is enabled more effectual- 
ly to contribute to the preservation of him- 
self, hi§ children, and society, A measure 



•jCHE REPUBLICAKT. 33 



of this kind, therefore, far from being in op- 
position to his duties, is in accordance with 
them. 

Upon the same principle, a man in view 
of the advantages which promise to result to 
him, from a particular form of civil govern- 
ment, may agree, so far to alienate his natu- 
ral liberty, to the disposal of a majority of 
his fellow-citizens, as to render himself sub- 
servient to all their reasonable orders and de- 
terminations : and this, as will be seen here- 
after, operates no abridgement of his real 
freedom. Upon this natural and simple 
principle is established the rights of Com- 
munities to the services of the members, in 
the prosecution of wars. 

In a state of nature, a man^ likewise, has 
a right to avenge his own injuries ; but this 
right he is capable of alienating ; and he 
may agree with his fellow mortal to refer the 
disputes, which may arise between them, to 
some third and indifferent person. So, also, 
by a like alienation of rights, the members 
of a civil community may transfer the right 
of punishing crimes, against the state, to a 
chosen few ; concentrating a right which 
naturally appertained to all, in the hands of a 
certain select member. It is upon these ob» 



34 THE REPUBLICAN. 

vious and plain principles, that the judicial 
authority of all legitimate governments 
rests. 

However, as we do not intend to enumer- 
ate the alienable and unalienable rights of 
mankind, but only to suggest an idea of 
their respective natures and characters ; the 
examples which have been adduced will an- 
swer the purpose proposed. 

This view of the natural rights of manj 
being finished, we shall next enquire concer- 
ning the laws of nature. 



ASSAIL 111.. 

OF THE LAWS OF NATL RE. 

AS so much has been said, in the prece- 
ding chapter, * concerning the natural rights 
of mankind, we are led, by a natural associ- 
ation of thoughts, to make some enquiries 
respecting the natural laws imposed upon 
men : natural rights and natural laws being 
correlative phrases. 

That natural laws exist in the absence of 
civil regulations is unquestionably true ; and 
these natural laws, even in civil society, con- 
;stitutc the real fotindations of justice. 



riiE REPUBLICAIv. 35 

^^ Laws," says the President MGiitesquieUj 
" in their most general signification, are the 
** necessary relations resulting from the nat- 
"lire of things. In this sense all beings have 
** their laws, the Deity has his laws, the ma- 
" terial world its laws, the intelligences sii- 
" perior to man have their laws, the beasts 
** their laws, man his laws." 

The difficulty, however, attending natural 
laws, as they refer to the intercourse among 
men, is the want of a sufficient and adequate 
human sanction, or penalty, attendant upon 
their infraction. Nevertheless, natural laws 
do exist antecedent to all civil regulations : 
and unless this were the case, it would be 
absurd to suppose the existence of natural 
and unalienable rights, as appertaining to 
mankind, fbj 

The laws of nature, as they regard liu man 
conduct, may properly be divided into those 
of peace, and those of war ; the laws of 
war, operating in a state of nature, in some 
degree, as a sanction to the laws of peace. 

But, let us endeavour to illustrate this dis- 
iiaction, existing in the very nature of things, 
between these laws of nature. 

C^J Burlemaqui, Vol 2, Fart -3. Chap. 1. «§ 13, 



36 THE REPUBLICAN. 

As has been already remarked, by nature, 
man is inspired with a desire to preserve him- 
self, and to seek his own happiness ; and all 
men have an eqnal rij^ht to do both. — In- 
deed, nothin|jj can be plainer, than that every 
man has a right by natnre innoeently to di- 
rect and appropriate his actions to the pnr- 
suit and aecomj)lishment of his own enjoy- 
ment. Rights of this dcscri|)tion, may prop- 
erly be said to repose on the natural laws of 
peace ; for so long, as each individual exer 
cises them innocently, that is, without inter- 
fering with the same rights, equally apper- 
taining to his fellow mortals, peace among 
men, will be the consequence. But the mo- 
ment these rights are infringed, in the inter- 
course between man and man the state of 
war takes place, between them and the natu- 
ral laws, relative to this state of things, nec- 
essarily come into operation. By these laws, 
the injured have a right to exert a suitable 
measure of retaliation, for inj uries sustained, 
and those who are in eminent danger of hav- 
ing their natural rights abridged, or violated, 
by the avarice or ambition of another, may 
exercise a proper degree of force to prevent 
the impending injury. 



■i'HE RETUBLICAN. 37 

This illustration may serve to indicate the 
difference between the natural laws of Peace, 
and the natural laws of V^ ar : and if it be 
true, as doubtless it is, that Qvery natural 
right supposes the existence of a cori-elativc 
natural law, it follows, in connection with 
tiiQ last essay, that mankind, by the laws of 
nature, are entitled to life, liberty and the 
possession of property. Nor is it less plaiii, 
that so long as rights of this description re- 
main inviolate, peace among men must be 
the consequence, and that war only will en- 
sue upon their infraction. 

But, although, the laws of nature, estab- 
lish an equality of rights among men, yet in 
regard to wants they are more or less une- 
qual and dependent. On this account, there- 
fore, the natural laws of peace have always 
found but a flexible, and inadequate sanction, 
in the natural laws of war. Right reason 
therefore, excited by views of convenience 
and expedienc}', undoubtedly suggested to 
man, in a state of nature, the necessity of a 
more stable smd permanent guarantee, for 
the security of his natural rights and repose. 

This simple reflection, then, is enough to 
satisfy us of the necessity of civil govern- 



38 THE RErUBLICAN. 

ment ; and to convince us, that it is foun- 
ded in the very nature of things. 



ESS AT lY. 

AX IDEA. OF THE CIVIL STATE. 

THE powers, capacity and rights of man, 
and the necessity of civil government, as a 
means of protection and security to liim, 
having been briefly touched upon, in the 
preceding chapters, the next step is to sug- 
gest an idea of the civil state. 

By the civil state, we are to understand, 
an association of individuals, each covenan- 
ting with the whole, and the v/hole with each 
one to protect and maintain each other, in 
the enjoyment of their natural rights, (a J 
*' How great soever," says Eurlemaqui, 
'* the change may be which government and 
** sovereignty make in the state of nature^ 
" yet w^e must not imagine, that the civil 
*^ state properly subverts all natural society, 
" or that it destroys the essential relations, 
^' which men have among themselves or 
" those between God and man. This would 
'* be neither physically nor morally possible : 

(a) YaUel, Book 1. Chap. 2. § 16. 



THE REPUBLICAN. o^ 

** on the contrary, the civil state supposes 
.*-' the nature of man, such as the CreatoT 
*' has formed it, it supposes the primitive 
*' state of union and society, with all the re- 
*' lations this state includes, it supposes, hi 
** fine, the natural dependence of man with 
** regard to God and his laws. Government 
** is so fiir from subverting this first order, 
" that it has been rather established with a 
" view to give it a new degree of force and 
*^onsistene3\ It was intended to enable us 
** the better to discharge the duties prescri- 
** bed by natural laws, and to attain more 
^* certainly the end for which we were crea* 
^>ted." fdj 

The better to efFectuate this object, the 
whole community is considered as one great 
and powerful individual, of which every par- 
ticular moral agent, constitutes an integral 
part. The great body politic, thus compos- 
ed, exercises its sovereign power, sometimes 
by one man, as a king ; soraetimes by many 
men, as a senate ; and sometimes it retains 
to itself the exercise of sovereignty ; as in 
tlie case of a pure democracy ; as we shall 
more fully explain hereafter, 

fl)J Burlemafjiii Prin. of :>sat. and Pol hm 



iO THE REPUBLICAN. 

TIlis association of individuals, being es- 
sential to the formation of the civil state, it 
is plain, that he who molests a part, molests 
the whole : and hence, the individual w-ho 
commits what is technically denominated a 
crime, though it be, in the first instance, a- 
gainst a single individual only, does, in fact, 
commit an act of war, against the whole 
community, of which the offended individ- 
ual forms a part. This act of war, the whole 
community may, therefore, lawfully punish„ 
in a measure proportioned to the nature and 
aggravation of the transgression, deriving 
their right in this particular from the natural 
laws of war. (c) 

The rights of property, as they have been 
tfxplained, naturally introduce, sales and ex- 
changes of lands, and commodities among 
men ; and th-ese are effected, through the in- 
tervention of contracts, the legitimate off- 
spring of liberty and property. The civil 
state comes in aid of all lawful contracts, and 
indeed operates, in a measure, as a guaran- 
tee for their faithful performance. 

Besides a security for the performance of 
our contracts, derived from tlie civil state ; 
we have in it a powerful and certain avenger 

Cc) Vattel, book 1. Chap. 2. § 14, 



for all forcible violations of our private lib- 
erty and property. 

By night and by day, under Providence, 
it is the constant protector of our rights, and 
our possessions ; and whether we venture 
our pefsons upon the ocean, or commit our 
property to it, in the prosecution of an inno- 
cent and lawful commerce, the civil state is 
bound to protect both the one and the other. 

While civil society has a constant eye to 
iht suppression of internal disorders, and to 
the security of each particular member of 
community ; it is under the highest obiiga- 
lions, the better to effect the objects it has in 
view, to pay a particular regard to its own 
duration, preservation, and perfection, fdj 

To promote the order ot society, and to 
strengthen the bonds of community, laws 
for the regulation of marriages, for the se-- 
curity of marital rights, and the protection 
and government of children, are no less the 
dictates of policy, than nature. 

So, likewise, the laws relative to rights of 
property, and the descent and distribution of 
estates, are highly important ; and are gen» 
erally formed with a particular view to the 

fdj Bla, Com. 1 Vol. 41. Vattel, Vol. 2, p. 3, ch. 1. ^ .?• 

D 2 



42 THE REPUBLICAN. 

principles and preservation of the govern^ 
ment. 

Civil communities liave the same relation 
to each other, as exists among individuals in 
a state of nature : and since wars, among 
independent states, have been too frequently 
excited, by the ambition or avarice of man- 
kind ; we naturally associate with our no^ 
tions of the civil state, a disposition and abiL 
ity to defend the body politic, against all 
hostile attacks. This indeed is a duty pe- 
culiarly incumbent apon every state, which 
consuhs its own preservation } and the exe^ 
cution of it suggests the expediency, and ne^ 
cessity of a variety of internal regulations-^ 
in order to array the physical power of the 
fit.ite more effectually against a common en- 
emy. 

But, although, the institution of civil so- 
ciety, has in view nothing but the preserva^ 
tion of the natural and absolute rights of in*, 
dividuals, which, as Judge Blackstone re- 
marks, are few and simple ; yet, the preser- 
vation and protection of these, will produce 
^ great variety of connections and relations 
iii society ; the regulation of which may 
require an equal variety of laws. It must 
be obvious to nil; therefore, that the machine- 



THE REPUBLICAN-. 43 

ry of government, though bottomed in sini^ 
pie and indubitable principles, may be some-, 
what complicated in its details and ramifica- 
tions. Indeed to a just and proper regula- 
tion of the civil state, the observance of a 
variety of duties and obligations unknown 
to a state of nature,, is indispensibly neces- 
sary. 

But, after all, it may be doubted, whether 
mankind trammel an)^ portion "of their natu- 
rdl liberty, by entering into a well regulated 
political state. 

There is a plain distinction between a voL 
untary renunciation of a part of those rights 
€f which w*e are capable of disposing ; and 
an arbitrary and forcible violation of the un- 
alienable rights of mankind. If,, for a good 
consideration, I choose to part with some of 
those rights which are at my disposal, I can- 
not complain of an invasion of my natural 
liberty on this account. *' We must be care^ 
** ful," says Burlemaqui,, '^ not to confound 
" two things entirely distinct, I mean the 
''state of nature, and the laws of nature. 
" The primitive and natural state of man 
^' may adaiit of different changes and modi- 
^^ fieations, which are left to the disposal of 
" man and have nothing contrary to his obJK*^ 



44 THE REPUBLICAN. 

" gations and duties. In this respect the 
" civil laws may produce a few changes, in 
** the natural state, and consequently make 
'* some regulations unknown to the law of 
" nature, without containing any thing con- 
" trary to that law, which supposes the state 
'* of liberty in its full extent, but neverthe- 
" less, permits man'kind to limit and restrain 
*' that state, in the manner which appear* 
" most to their advantage." fdj 

In a word, in a general view of the sub- 
ject, in virtue of the social compact, all laws 
may be enacted by the sovereign authority, 
which ar€ not violations of the unalienable 
and indefeasible rights of mankind : but all 
laws which infringe rights of this description, 
under every form of government, are tyran- 
ical and unjust, in the nature of things, and 
have no binding force and effect, fej 

"Law,*' says Mr. Locke, " in its true 
" notion, is not so much the limitation, as 
** the direction of a free and intelligent agent 
" to his proper interest, and prescribes no 
*' further, than is for the general good of 
" those under that law : Could they be 
" happier without it, the Iv^w^ as an useless 

fd;) Biirlemaqui, Vol. 2 p. 3. ch. 1. § 11. 
feJ Pufendorf, Book 8. Chap. 1. | 2. 



TitE REPUBLICAN. 45 

^* thing, would of itself vanish ; and that 
*' ill deserves the name of confinement, 
** which hedges us in only from bogs and 

" precipices." ffj 



lig^^AlL T- 



OF THE ORIGIN AND END OF CIYUL (SOVERIT- 
MENT. 

ALTHOUGH, it may be evident, that 
man was formed for society, and that society 
could not exist, in any measure of order and 
regularity, in the absence of civil ordinances ; 
yet, it may be asked, what, in point of fact, 
was the origin of civil gove.rnm.ent ? In re- 
ply to such a question, it might be needless 
to spend time, in endeavouring to determine 
whether governments were, in their origin, 
patriarchal or conventional ; or whether they 
Vv'ere founded in force or fraud : because, it 
may be enough to show what the origin af 
every government ought to be, and not what 
it has been. At any rate, mankind in the 
most remote ages, must have perceived the 
necessity of civil regulations, and have felt 
the importance of having them executeda 

rf) Locke on Gov. 2 Fart. chap. 4, § 5T\ - 



46 THE REPUBLICAN.^ 

Self-interest, therefore, the great and univer- 
sal spring of human action, must have ren- 
dered men willing to consent to some kind of 
government or other : and we maintain, 
that it is this consent, either express or im- 
plied, which forms the legitimate basis of 
civil and political power, whatever, in point 
of fact, may have been the case in relation to 
the origin of government, (a J 

We are aware, however, that this notion 
of a primary consent, or original contract, 
has been much ridiculed by the abettors of 
arbitrary power, as a theory of speculative 
reasoners, totally unfounded in fact. But, 
notwithstanding this, it is believed, that this 
theory, in addition to the authority of em - 
inent writers who have favoured it, will de- 
rive support and confirmation from history 
and experience. But, in truth, if support 
and confirmation of this kind were not at 
hand ; the propriety of the doctrine might 
still be supported, on the grounds of abstract 
justice : for as Montesquieu well remarks : 
'' Before laws were made there were possi- 
*' ble relations of justice. To say that thera 

faj Locke on Gov. — I>urlemaqui, Vol. 2. part. 1. ch. 5 .- 
Ibid, Vol. 2. part 1. ch. 4. 

Va'-lel's Liw N.Uions, l\-elim. § 4/ 



THE IlEPUBXICAN. 47 

* is nothin£^ jnst or unjust, but what is com- 
'' manded, or forbidden, by positive laws, is 
''the same as saying, that before the descri-- 
^^ bing of a circle all the radii were not equaL 
'^ We must, therefore, acknowledge rela- 
'' tions of justice antecedent to the positive 
''law by which they are established." fbj 

Without spending time, however, in con- 
sidering arguments of this kind : let us has- 
ten to examine the proofs, which history, and 
experience afford of the existence of the o- 
riginal compact, in point of fact, and prac- 
tice, both in ancient, and modern times. 

Whoever glances at the accounts given of 
the hordes of barbarians, which followed 
each other like the waves of the sea, from 
the confines of China, and the forests of 
Northern Europe, overthrowing in the end 
the Roman Empire ; will notice a race of 
men, but one remove from a state of nature* 
As these Barbarians wer-e associated togeth- 
er, in the rudest forms of political society, 
we may well enquire, with a view to the sub- 
ject before us, as to the nature and princi- 
ples of their association. The simple and 
f ude obligation of the feudal compact, caU 
culated for efficiency in war, and an equitable 

'■"b ) Sn, Laws, book 1, cliap, 1. 



48' THE REPUBLICAK. 

partition of the spoils of the vanquished, ex- 
hibit the first traces of a civil community a- 
mong these hardy warriors. In relation to 
each other the}- were equal, and independent, 
and the name of a soldier was synonymous 
with that of a freeman, fcj The Sclavoni- 
ans, who inhabited the wilds of Russia, Po- 
land, and Lithuania, disdained to obey a des- 
pot, a prince, or a magistrate ; they coukl 
only be persuaded, but never compelled, fdj 
Among the Germans, whose territories were 
more southerly, the magistrates might delib- 
erate and persuade ; but the people alor.s 
could resolve and execute, fej The Scyth- 
ians, or Tartars, who were spread over the 
vast regions of the North of Asia, as for as 
the Sea of Japan, never acknowledged tlie 
authority of a despot ; but, the Couroiialtai, 
an assenibl}' of delegates from the several 
tribes, composed the rude, but free iegisla 
tures of those pastoral barbarians, ffj 

The Saxons who subdued Britain, impor- 
ted with them the same principles of free- 
dom, and independence, which they had cu!^ 

CcJ Y[. Note of Proofs and Illustrations, 1 Vol. Re'- 
nis. Clliarles 5. 

fdJ Decline and Fall of Rom. Emp 5 Vol. 20! 
fej Ibid, 1 Vol. 252. 
CfJ Ibid, Z Vol. 32?, 



THE iiepublica:n. 49 

tivated in their native country ; and main- 
tained in England, under feudal regulations^ 
their original liberty, (g) Tacitus and 
Caesar have delineated, with masterly hands, 
the rude oudines of barbarian freedom; 
and Hume, Robertson, and Gibbon, ascen- 
ding to these venerable sources, have pre- 
sented to the readers of modern times, a 
bold transcript of their originals. A careful 
perusal of these historians v^'ill satisfy all, 
that the principles of the feudal system were 
originally free ; and that no freeman living 
under them, could be subjected to new laws 
or new taxes without his consent. (A) 

We have all heard the story of the conse- 
crated vase, taken by Clovis, Emperor of the 
Franks ; it is worthy, however, of a repeti- 
tion, as a forcible illustration of the spirit 
and sentiments of the times, which gave it 
birth. " The army of Clovis, the founder 
" of the French monarchy, having plunder- 
*' ed a church, carried off, among other sa- 
** cred utensils, a vase of extraordinary size 
** and beauty. The bishop sent deputies to 
" Clovis, beseeching him to restore the vase, 
" that it might be again employed in the sa- 

(£•) Hume's His. Eng. Appendix No. 1, 
(A) Rob. His. Charles 5. 1 Vol. 29. 

E 



50 "THE REPUBLICAN-. 

*' cred services to which it had been conse 
*' crated. Clovis desired the deputies to fol- 
** low him to Soissons, as the booty was to 
*' be divided in that place, and promised, 
" that if the lot should give him the disposal 
*' of the vase, he would grant what the bish- 
*' op desired. When he came to Soissons, 
^* and all the booty was placed in one great 
^* heap in the middle of the army, Clovis en- 
'^* treated, that before making the division, 
"^ they would give him that vase over and a- 
'* bove his share. All appeared willing to 
^' gratify the king, and to comply with his 

request ; when a fierce and haughty soldier 
lifted up his batde-axe, and striking the 
" vase with the utmost violence, cried out 
^^ with a loud voice," " You shall receive 
^^ nothing here but that to which the lot gives 
" you a right." (j) 

Such instances as these, among other 
things, servcto satisfy us, that the principles 
of the feudal system rested in compact and 
consent ; and they satisfy us beyond all 
doubt, that the obedience of the feudal cit- 
izens or soldiers, was perfectly voluntary, 
and not the result of constraint, (k) 

(j) Rob. His. Charles V. Note Proofs and Illustrations. 
(A-) Ibib, VL Note.— Ibid. 






^ 



THE EEFUBLICAJf. 51 

M the Goths of Scandinavia, and those 
barbarians who followed the standards of 
Zingis Khan, Attillaand Tamerlaine, submit- 
ted themselves, in any degree, to the arbitra- 
ry control of their leaders ; it is to be attri- 
buted to the inRuences of superstition, which 
has been so often fatal ta the rights of man- 
kind. 

In relatio*n to the Goths, it is to be re mar- 
l:ed, that Odin, the Mahomet of the north ^ 
who possessed among his fallowers, the rep- 
utation of a magician, was the founder of a 
religion, suited to enslave the minds of an 
ignorant, and warlike people. In proof of 
this, when he foresaw the near approach of 
death, he resolved to anticipate the course of 
nature, for the purpose of ri vetting die 
chains of superstition : and calling together 
an assembly of the Goths,, and Swedes, he 
wounded himself mortally, in nine places^ 
that he might hasten away to prepare the 
feast of heroes, in the palace of the God of 
ivan (/) *^ Attilla and Zingis,'' {to use the 
language of the eloquent Gibbon) ** surpas- 
^' sed their rude countrymen in art, rather 
^^ than in courage ; and it may be observedj. 
'" that the monarchies, bodi of the Huns and 

fj) DccHae aiid Full Rom. Eiiip. 1 Tol 212. 



B2 THE REPUBLICAN-. 

*' of the Moguls, were erected by their fouii- 
*' ders on the basis of popular superstition." 
Attilla having found a rysty sword, buried in 
the earth ; proelaimed it to be the sword of 
Mars ; and in virtue of it, successfully as- 
serted his divine right to dominion over 
the Huns, (m) Zingis, who was thought ca- 
pable of ascending into heaven, upon a white 
horse, found no difficulty in imposing him- 
self upon his ignorant, and credulous follow- 
ers, as a supernatural existence. In this be- 
lief, his countrymen in a general Couroultai, 
or diet, proclaimed him emperor of the Mo- 
guls and Tartars, (li) 

Tamerlaine, who came to the throne of 
Zingis, in the succeeding century, did not 
owe every thing to his extraordinary talents. 

It was believed, that he, in an especial man- 
ner, enjoyed the divine favour, and he artful- 
ly nourished this advantageous superstition, 
by a rehgious reverence for omens, prophc* 
sies, saints and astrologers, (o) 

The Arabians were originally proverbial 
for their freedom and independence ; the 
situation and nature of their country defen-. 

(m) Decline and Fall llom. Emp. 4 Vol. 234. 

(7,) Ibid, 7 Vol. 452. 

(0) Ibid, Account of Tamerlaine, 8 VoK: 



THE REPUBLICAK.- . '5S. 

ded them from foreign attacks, and reasor^ 
taught them their natural title to the enjoys 
ment of life and liberty. The superstition j> 
however, which was so artfully generated by 
Mahomet, gradually sapped the foundations 
of their freedom, and introduced in the- 
course of a century, the absolute dominion 
of the Caliphs. (/?) 

Jfj from this rapid review, we turn our 
eyes to the progress of government in Eu- 
rope, since its establishment, upon the 
ruins of the Roman Empire, it v»^ould seem, 
that the ruder mankind have, been, the near= 
er their forms of government have approx- 
imated to the theory, which has been sugges- 
tedc And if those hardy freemen, who an- 
ciently located themselves upon the soil ox 
the Romans, have by the arts^ and usurpa- 
tion of designing princes ; the influences of 
superstition ; and the contrivances of the 
Momisli Clergy, lost their original liberty ; 
it only proves, that men, originally free, may 
in course of time l^ose their freedom. This 
however is not enough to satisfy us, that the 
examples of arbitrary governments, exhib- 

(p) Decline and Fall Rom. Emp. Account of Mahoms-t 
gjad the Arabians. 



54- THE REPUBLICAN^. 

ited in Euroj>e for centuries past, are at war 
with the idea, that these very governments 
were, originally, founded in consent. 

And here we cannot forbear to observe^ 
that it seems somewhat singular, that Mr. 
Hume, should endeavour to ridicule, in his 
Essays, the notion of an original contract, 
by alluding to the various forms of arbitra- 
ry government, which so plentifully abound : 
but yet, that he had not the candour to no- 
tice the original simplicity of the feudal con- 
stitutions in support of the hypothesis. In 
his History of England, however, he freely 
asserts, that if the European nations, main- 
tain sentiments of liberty, honour, equity, 
and valour, superior to the rest of mankind ; 
they owe these advantages, chiefly, to the 
seeds implanted by the generous barbiirians, 
whose obedience to government was never 
constrained, but free and voluntary, {q) 

As there is no lack of historical testimo- 
ny, to prove that the govern m^ents of Eu- 
rope, were originally founded by the consent 
of the people : let us cross the Atlantic, and 
examine the various examples exhibited in 
America, in modern times, of governments 

(g) Cnnripare liis Essay on the original Contract with his 
Ap|>€ntlix^ No, 1, His, of En^. 



THE REPUBLICAN-. 55 

flowing from the same original. In taking 
this view of the subject, it will be unneces- 
sary to discant upon the degree of freedom, 
existing among the northern savages of A- 
merica : it is only necessary to name the 
UNITED STATES OF AMERICA, 
and the several states composing the Union, 
to prove more than twenty instances of an 
original compact among the people. 

After what has been remarked, it mav be 
needless to observe, that the legitimate end 
of civil government, is the happiness of hu- 
man society ; and that form of government 
which is best calculated to promote this de- 
sirable end, in respect to any particular state, 
or civil community, is decidedly the best. 

Plain however as this truth is, it ought to 
be always kept in mind, by every individual 
having any civil duty to perform in society. 
And with this in view, it will be useless for 
the people of the United States, in general 
terms, to extol the superior excellence of 
their own civil institutions, or to disparage 
the political establishments of other nations : 
it being manifest, that a form of government, 
which may be well adapted to the circum- 
stances and habits of one people, may be 



^'6 TPIE REPUBLICAN. 

very imperfectly suited to the condition of 
another. Nothing can be plainer, than that 
tile barbarian of the desert requires the re- 
straint of a more powerful arm, than the in^ 
dividual, whose passions and propensities 
are under the internal restraint of moral :ind' 
religious sentiments. 



OF CIVIL LIBERTY, 

HrrHERTO we have been examining^ 
some of the natural foundations of civil so- 
ciety : we will now turn our attention to 
some of the rights and duties, which are se- 
cured and prescribed by it ; and then exam- 
ine briefly some of the modes of human 
government : keeping in mind the princi- 
ples, by which we have been, thus far, gui- 
ded. 

With this view, the following essay will 
be devoted to some remarks upon the inter- 
esting subject of CiviJ Liberty ; a blessing, 
always supposed to exist, under every weii 
regulated form of civil pohty. 

Doctor Paley, in reference to the subject 
now proposed^ observes this ; ** It will not 



THE REPUBLICAN*. 57 

<* be thought extraordinary, that an idea, 
'^ which occurs so much oftener as the sub- 
*^' ject of panegyric and careless declamation, 
** than of just reasoning or correct knovvl- 
*• edge, should be attended with uncertainty 
** and confusion ; or that it should be found 
^' impossible to contrive a definition, which 
*' may include the numerous, unsettled, and 
*' ever varying significations, which the term 
" is made to stand for, and, at the same time, 
*' accord with the condition and experience 
** of social life," faj 

Upon a subject, therefore, upon which it 
appears, in the older countries, many meu 
have spoken witli many minds, a citizen of the 
United States may escape the imputation of 
eccentricity, if he undertakes to examine it, 
according to the notions of his own country, 
men, and in reference to the free principles 
of his own government. 

Doctor Paley defines Civil Liberty in 
these words, to wit : " Civil Liberty is the 
" not being restrained by any law, but what 
" conduces^ in a greater degree y to the public 
" welfareJ^^ 

In the course of his chapter, however, 
upon Civil Liberty he associates with this' 

(a) Puley on Civil Liberty. 



58 THE REPUBLICAN. 

definition another idea : that of security a- 
gainst laws not calculated to promote the 
public happiness. {6} 

The definition of Civil Liberty afforded 
by Judge Blackstone does not vary substan- 
tially from that of Doctor Paley. *' Political 
" or civil liberty," says the Judge, '* which 
" is that of a member of society, is no oth- 
" er than natural liberty so far restrained by 
" human laws (and no farther) as is necessa- 
" r}'^ and expedient for the general advan- 
'^ tage of the public." Mr. Christian, m 
his notes upon Blackstone^s commentaries 
approves of his authors definition, with this 
addition, ** that the restraints introduced by 
*' law ouglU to be as nearly equal to all as the 
^' nature of things will admit ;" but he sug- 
gests a distinction between what he denom- 
inates civil, and what he denominates polit- 
ical liberty : a distinction the propriety of 
which is plainly hinted by Dr. Paley. " Fo 
^^ Utical liberty maybe defined," says Mr. 
Christian, *' to be the security with which, 
'^ from the constitution, form, and nature of 
*' the established government, the subjects 
" enjoy civil liberty" : whereas civil liberty y 
in contradistinction to political liberty, accor 

(i) Paley on Civil Liberty. 



THE REPUBLICAN. BO 

ding to him, is nothing more than the im- 
^partial administration of equal and expe- 
dient laws, fcj 

Although these definitions admit, that civ- 
il liberty appertains to the citizen, in his in- 
dividual capacity ; yet, they do not convey, 
a clear and distinct idea of the degree of it, 
which he is to enjoy ; that being left, in con- 
formity to the British Constitution, altogeth- 
er to the will of parliament, fdj We see, 
therefore, that definitions of this kind, are in- 
complete, in relation to the liberties of a peo- 
ple, of this country, whose dearest rights 
are independent of the legislature ; being se- 
cured to them by fundamental and standing 
laws. Neither is it less apparent, that the 

CcJ 1 Black. Coin. P, 120, in Christian's Notes. 

fdj " The power and jurisdiction of parliament," says 
Sir Edward Coke, ^' is so transcendant and absolute, that 
♦' it cannot be confined, either for causes or persons, within 
<* any bounds." And of this high court, he adds, " it may 
" be truly said, ** si ajiiiquitaiem species^ est vetustisscima ; 
** a dignitatem^ est Jionoraiissimce, si juris dictio7iem, est capa- 
♦* cissima.'>'> It hath sovereign and uncontrolable authori(y 
«« in the making, confirming, enkrging, restraining, abro- 
•* gating, repealing, reviving, and expounding of laws, con- 
" cerning matters of all possible denominations, ecclesias- 
** tical, or temporal, civil, military, maritime, or criminal ; 
" this being the place where the absolute despotic power,, 
<« which must in all governments reside somewhere, is in- 
*< ti'USted by the constitutions of these kingdoms." 

1 Ulac. Com. 160. 



60 THE REPUBLICAN. 

people of America will find it difficult to sep- 
arate their notions of civil and political lib- 
erty, according to the suggestion of Mr. 
Christian, on account of the high degree of 
freedom secured to them by the standing 
laws. 

It is, however, to be expected, that defi- 
nitions of civil liberty will be somewhat dif- 
ferent, in different countries ; each definer, 
being under a sort of moral necessity of ac- 
commodating his account of the matter, to 
the principles and practices of his own gov- 
ernment. And, in addition to this, it may 
be difficult, in any country, to give an accu- 
rate idea of this great moral blessing, in a 
few set words and phrases. The idea in it- 
' self is exceedingly complex ; and will be 
more or less so, in different countries, in 
proportion as a greater or less degree of lib- 
erty and security, is enjoyed in them. 

In this view of the subject, it would not 
be decorous to question the propriety of 
Blackstone and Paley's definitions ; these 
corresponding exactly, with the notions of 
civil liberty entertained in England : but a- 
greeably to the principles, which have been 
submitted, in the preceding essa} s ; and in 
conformity to the l^ttei' and spirit of our own 



THE RErUBLlCA?^. 61- 

Iree constitutions of government; we must 
adopt such a definition of civil liberty here, 
as will recognise a clear and permanent secu- 
rity, for the essential private, and natural 
rights, enjoyed by our citizens. 

Civil Liberty, therefore, according to our 
notions, in this country, is only a modifica- 
tion and improvement of natural liberty ; se- 
curing all its essential rights, fej And as 
the people here have by their constitutions 
of government reserved to th^emselves, in 
natural sovereignty, some of their most es- 
sential natural rights, as well as the power of 
making, by themselves or their agents, laws 
to promote the general welfare ; no deiinii^ 
tion of civil liberty, will quadrate with the 
notions of the people of this country, unless 
it reco2:nizes these m-eatconstitutionaltruths. 
Nay, more : if civil liberty, be but the im- 
provement and perfection of natural liberty ; 
according to the principles, which have been 
advanced, in the preceding essays, a cor- 
rect definition of it will, not only require a 
recognition of the foregoing truths, but, al- 
so, the consent of the people to the consti- 

fej Essay IV. Locke on Gov. 2 Part. chap. 4. § 57, 
Buriemaqui, Vol. 2 part 1. Chap. 3. § 23. 
I'ufendorf's Law of Nature, and book 8. § 2. 



s>2 THE REPUBLICAN.' 

tiition, or original frame of government it- 
self : for the constitution defines, how far we 
place our natural liberty under the direction 
of the supreme power of the state, and we 
must agree to the terms of this instrument 
before w^e can be bound by it. (fj 

According to this hypothesis, however, it 
may be objected to us, in the first place ; 
tliat civil liberty cannot exist universally a- 
mong a whole people, since the will of the 
majority must, of necessity, constitute a law 
for the minority. 

Secondly, that the doctrine cannot be applied 
to those, who may be born after the formation 
of the original compact ; as such have never 
had an opportunity of agreeing, or disagree- 
ing to it. And 

Thirdly, that the theory suggested will 
not apply to the female portion of our corii- 
munity, nor embrace, in point of f.ict, a con- 
siderable portion of the male population, 
who are excluded from the right of sufi' r- 
age, for Vi^ant of property. 

And as to the first objection, it is readily 
admitted, that it would be a good and valid 
one to the theory suggested, were the ma- 

CfJ Vide Essay, on tj[)q Origin of Gov. and on the CiviJ 



THE JIEPUBLICAN. 6q 

jorit}', in this country, permitted to govern 
without fundamental laws : but, it cannot 
prevail, where there is a standing constitu- 
tion of government, dcBnlng the power of 
the majority, in matters of legislation. The 
minority, who have consented to the original- 
compact, are not curtailed of any portion of 
their civil liberty, by the operation of any 
laws enacted within a reasonable construc- 
tion of it : it being manifest, that when they 
consented to the fundamental code, they 
promised to obey all constitutional laws. It 
would, therefore, be absurd to suppose, that 
the performance of an obiiguiion, thus V^i* 
untarily contracted, could infringe, in any 
degree, their civil freedom, (^gj 

But after all, it may be said, that this ar- 
Ijument only applies to those, who are actual • 
parties to the original compact, and not to 
such as are born under it : this, thereforCj 
brings us to the second ground of objec- 
tion. 

And as to this, it is to be observed, that 
there may be an implied, as well as an ex- 
press consent to the original compact ; f/ij 
and whoever impliedly consents to it, has 

(^g-J Ess^y on Civil State. 
C/iJ Essay o^i Orig'lu of Go7: 



64 THE REPUBLICAN. 

DO mere reason to complain of an abridge- 
ment of his liberty, than he, who expressly 
consents to it, 

A consent to the original compact, may al- 
%vays be implied against him, who voluntari- 
ly elects to live within the sphere of its op- 
erations ; but, unless the act of remaining 
under its operations, be voluntary ; no con- 
sent can be implied from it. The right of 
expatriation, therefore, seems necessary, as 
a means of ascertaining a consent to the es- 
tablished laws : for vvidiout this right, it 
would be absurd to infer any consent to them, 
irom the fact cf remainino- invollintarrl^ 
within the limits of their operation. Indeed, 
if individuals have not the right to expatriate 
themselves, under certain circumstance, they 
nre necessarily born ur.der an insurmounta- 
ble restraint ; which is repugnant to every 
notion we entertain of natural liberty. 

But it may be further objected, that these 
notions, in relation to expatriation, are vision- 
ary ; because, men are commonly constrain- 
ed ta remain under a government, which is 
disagreeable to them, by a variety of causes 
altogether independent of the restraining arm 
of sovereign power : family connections, 
large possessions, which cannot be disposed 



2 HE REVUBLlCAi:. 6*;< 

of, and a variety of other circumstances j 
will induce a subject to live under a govern-^ 
iTient, which otherwise, he w^ould cheerfullr 
abandon. All this is undoubtedly true ; nev- 
erthelesSj if a man is at liberty to elect, in 
view of every circumstance, whether he will 
remain under a particular government or not^ 
he has as perfect liberty, in this particular, as 
a human being can possess. And however 
odious to him may be the government, un- 
der which he chooses to continue, he has 
notwithstanding adopted it freelj^ and has 
voluntarily subjected himself to its laws. 

When physical obstacles alone o])pose 
expatriation, as an inveterate disease, or an 
impas?5able ocean ; the restraint is not from 
moral agency ; and an individual would be 
equally under the control of such causes, 
both in a state of nature, and in a state of 
civil society. 

We hasten now to consider the third 
ground of objection, in relation to the fe» 
male part of community, and that portion of 
the male population, who are not permitted 
to exercise elective rights, on account of a 
deficiency of property. 

The latter part of this objection is easily 
r 2 



66 THE REPUBLICAN.. 

disposed of; for men totally destitute of 
property may not be supposed to take mucli 
interest in affliirs of government : in addi- 
tion to which, it would be manifestly unjust 
to submit the interests and properties of oth- 
ers to the disposal of men, who have noth- 
ing at stake, by giving them a voice, in the 
public elections. 

In relation to the females in community, 
who are married, it readily occurs that they 
have confered upon their husbands, by the 
niarriaee contract, all their civil ri«:hts : not 
absolutely, it is appreliended, but on condi- 
tion, that the husband will make use of his 
power to promote their happiness, and the 
prosperity of their children. But they 
ought to have the right of resuming their 
civil functions, whenever it becomes appar- 
ent that, ov»'ing to the fault of their husbands, 
they will remain unable to obtain support, 
and protection from them, (jj 

W hen the marriage contract, however, is 
dissolved, whether it be effected by the death 
of the man, or by the decrees of justice ; 
the woman becomes an independent mem- 
ber of society, and in respect to rights, ranks 
in that class of adult females, who remain 

fjij 15 Mass. T. Rep. 34. Gregory on Paul-. 



THE REPLTBLICA>r. bi 

iinmarritd. This class of females, it is 
true, are not generally entitled to exercise e- 
Jective rights, although they may possess 
large properties and estates : and this cir- 
cumstance, it must be acknowledged, is, ia 
a degree, repugnant to strict notions of lib- 
erty. But, when it is considered, that no 
practical inconvenience has ever been expe- 
rienced here, from the circumstance alluded 
to, and that no possible good could result 
from conforming the practice of the coun- 
try, in this particular, to strict theory; all 
will agree, that so far as the free principles 
of our constitutions, are capable of produ- 
cing any practical advantage, they have as 
wide a scope, in their operation, as the broad- 
est system of civil liberty requires. 

Besides, it is not to be overlooked, both in 
relation to males destitute of property, and 
unmarried adult females, that in all other res- 
pects, excepting the right of sufT rage, they 
are equal, in point of rights, to the mass ^f 
community. 

From the observations which have been 
made upon the subject of civil liberty, it 
would seem, according to our notions here, 
that not only fundamental laws, but the con- 
sent of the people to all civil regulations, are 



68 THE REPUBLICAN. 

essential to its security ; and that the right of 
expatriation, ought to be enjoyed, as one of 
the great principles of civil freedom, (k) 
In the next essay the rights and extent of 
sovereignty will be considered, in connec- 
tion with the characters, and duties of allc 
giance. C^J 



OF SOVEREIGNTY AND ALLEGIANCE. 

AVHENEVER any portion of mankind 
dissociate themselves together, in a political 
state, the attributes of sovereignty are es- 
sential to their independent existence. 

A sovereign state is that, which acknowl- 
edges no earthly superior ; it exists indepen- 
dently of all other states and nations, gover- 
ning and regulating itself, by its own good 
will and pleasure. And the sovereign pow- 

CkJ Burlemaqui defines civil liberty to be, " natural 
<• liberty kself, divested of that part, which constitiited the 
?* independence of individuals, by the authority which it 
*• confers on sovereigns, and attended with a right of in s i 
*« ting on his making a good use of his authority, and with 
** a moral security that this right will have its effect.'' 

Cl) For an historical account of the rise and progress of 
Civil Liberty in Europe, see 1 Vol. Rob, His. Charles 5- 
p. 25. 



THE REPUBLICAN. 69 

er of a state embraces the authority of ma- 
king and executing all laws and ordinances : 
it is the fountain of power, and the source of 
protection. 

Allegiance is a reciprocation of sove- 
reignty, and comprises the duties of individ- 
uals, in relation to the sovereignty or state. 
By it every citizen or subject, residing with- 
in, or belonging to any particular state or 
Commonwealth, is bound to conform to the 
laws, and to vindicate and defend the nation- 
al rights and interests. 

But, as it would appear from the prece« 
ding essay, that every man has a right, on* 
der certain circumstances, to expatriate him» 
self, or dissolve the connection, existing be- 
tween him, and his natural, or temporary 
sovereign : it remains to be enquired, under 
what circum.stances, he may lawfully absolve 
himself from his allegiance. 

Upon this theme various opinions have 
prevailed ; but in this age and country we 
ought to be beyond the control of arbitrary 
doctrines, and especially of decisions procee- 
ding from judicial tribunal^, dependent upon 
James the first ; a weak, mistaken, and pe- 
dantic prince, faj But whatever differ- 

faj Calvics casC; in Coke's Eeportg; 



70 THE REPUBLICAN. 

cnce of opinion may have prevailed, in rela- 
tion to the reciprocal rights and duties, inci- 
dent to the Connection between sovereiga 
and subject ; all seem to agree, that the con- 
nection may be dissolved by the subject, up- 
on the failure of the sovereign, to furnish to 
the people, that protection and security, 
which is the price of obedience. 

This truth, indeed, has been fully acknowl- 
edged, and practically illustrated by the 
British nation, at the time of the revolution, 
which brought in King William the third. 
(b) But the difficulty is to ascertain under 
"what other circumstances, the citizen or sub- 
ject may dissolve the tie, which binds him 
to his country. 

Before we enter particularly into this en- 
quiry, it may not be amiss to remark that the 
strict doctrines of allecfiance seem to be of 
feudal origin and that the obligations of it 
resulted from the express and voluntary con- 
sent of the subject, (c) *' The Romans,*' 
says Burlemaqui, " forced no person to con- 
" tinue under their government ;" and Cice- 
ro, in one of his orations exclaims, in rela- 
tion to the right of expatriation : ** O excel- 

ChJ Smollct's His. of England, Vol. 1. Cha. 1. p. 1* 
, {^cj Sec Essay V. and the referances, 



THE REPUBLICAN. 71 

** lent and divine laws, enacted by our an- 
'•' cestors, in the beginning of the Roman 
^* Empire. Let no man change his city a- 
*•' gainst his will, nor let him be compelled 
'^ to stay in it. These are the surest foun- 
" dations of our liberty, that every one 
" should have it in his power to preserve or 
*^ relinquish his right.'' fdj 

In the discussion, however, which we 
have in view, for the sake of perspicuity, we 
shall divide alles^iance into natural and con- 
vcntional ; and conventional allegiance,, it 
is conceived, may be either expressed or 
implied. 

Natural allegiance is the consequence of 
being born within the jurisdiction of a par- 
ticular sovereignty : conventional allegiance 
is implied, when an individual goes widiin 
the jurisdiction of a sovereignty, for the pur- 
pose of residing a longer or shorter time as 
suits his convenience ; and Convei"itional al- 
legiance is expressed, when there is a pos- 
itive contract between the sovereign or sub- 
ject, made by the intervention of an oath of 
allegiance. 

By natural, and by implied conventional 

fdj Biirlennaqui Prin. of Nat. and PoL liSW. Vol 2,. 
chap. 5, § XV. ^nd note. 



72 THE REPUBLICAN. 

allegiance, we are bound to obey the laws of 
the sovereignty under which we reside, so 
long as we receive protection from them, and 
choose to continue within the scope of their 
operation. But in the case of implied con- 
ventional allegiance, we are at perfect liberty, 
at any time, to absolve ourselves from the 
obligations incident to it, by departing from 
the jurisdiction, within which the obligation 
exists, fej And, if in a time of war, we 
should be restrained from exercising this 
right ; the restraint would be such, as is im- 
posed, upon prisoners of war, rather than 
such as citizens or subjects are liable to. 

Implied conventional allegiance, indeed, 
always supposes a concurrent allegiance, due 
to some other sovereign, but in the case of 
natural allegiance, no such concurrent obli- 
gation is supposed. 

For this reason, as well as for others, nat- 
ural allegiance is not so easily dissolved, as 
that which we denominate implied conven- 
tional allegiance : in fact, when a native born 
subject has been protected by his govern- 
ment, from his cradle, government seems to 
have a well founded right to object to his ex- 
patriation, at a time when his services mny 

CeJ Bla. Com. Vol. 1. p. SrO. 



THE REPUBLICAN, i'6 

oe requisite for the public defence and secu-^ 
rit3% Nor has the natural bcrn citizen rea- 
son to complain under such circumstances 
of restraint, in this particular, any more than 
the individual, who, having been safely con- 
veyed in a ship, within sight of land, is slop- 
ed in attempting to abandon the vessel, in an 
hour of difficulty and danger. 

But if a natural born citizen, or subject^ 
desires to absolve himself fi^om his allegi- 
ance, in a time of peace, or when his servi- 
ces are not requisite, for the defence or secu- 
rity of his native country ; he has a natural 
right, to gratify his inclinations in this res- 
pect. Nor can this right be lawfully re- 
stricted, it is conceived, until the citizen or 
subject has entered into an express contract 
of allegiance with his sovereign. 

We come, then, to consider the nature and 
obligations of express conventional aliegi= 
ance. 

This kind of allegiance, it may be obser- 
ved, may be superadded to natural allegiance 
as well as exist between a sovereign, and a 
subject, or a citizen, of a foreign state. 

By the oath of allegiance, an individual 
dontracts to obey and serve a particular sove« 

G 



/4 THE nBPUBLlCAN. 

reignty or stvite, so long as that sovereignty 
or state shall afTord to him protection and se 
CLirity, and the sovereignty or state on the 
other hand by the very requirement of the 
oath, virtually contracts to protect the citi- 
2:en, so long as he shall obey and serve. 

This therefore, seems to be a voluntary 
contract, expressive of the entire consent of 
the citizen or subject to the existing laws of 
the vState to which he swears allegiance, and 
it contains an implied promise to obey all 
those, which may be lawfully enacted in fu- 
ture. 

Governments usually require of all their 

oincers, andparticularly of their military and 
naval officers, as well as their seamen and 
soldiers, this express contract of allegiance : 
and this, unquestionably, furnishes the stron- 
gest tie of connection betwxen a government 
and a citizen. {/) V\ hether this contract 

CfJ It is plain (says Locke) mankind never owned nor 
considered any such natural subjection that they were horn 
in, to one or to the other, that tied them, without their own 
consent, to a subjection to them and their heirs. 

For there are no examples so frequent in history, both 
sacred and profane, as of those of men withdrawing them- 
selves and their obedience from the jurisdiction they were 
born under, and the family or community they were bred 
up in, and setting- up new governments in other places; 
from whence spran^^ all tiiat number of petty common- 
>Vealths, in the beginning of sigeS; a?^d whi'-;ti always multi' 



THE REPUBLICAN, 75 

can be extinguished, so long as the condi- 
tions of it remain, inviolate, at the will of eiv 
ther party, is a serious question. And as to 
this, nothing is more clear, than that the sove- 
reignty can have no separate right to absolve 
itself, under such circumstances, from the 
obligation of protecting the citizen, or sub- 
ject : and therefore, it is ditlicult to perceive 
on what principle of justice, the subject or 
citizen can absolvsC himself from the obliga- 
tion devolved upon him, by the contract, 
without the concurrence of his soverei^rn. 

plied, as long as there was room enough, till the strong-erg 
or more fortunate swallowed the weaker, and those g'l cat 
ones agfaui breakuig" to pieces, dissolved Into lesser domin- 
ions. All which are so inarty testimonies agt^inst paternal 
sovereignty, and plainly prove that it was not tlie natural 
right of the father descending to liis heirs that made gov- 
ernments in the beginning, since it was impossible upon 
that ground there should have beesi so many little king- 
doms ; all miist have been but only one universal monarciiy* 
if men had not been at liberty to separate themselves from 
their families and the government, be it what it will, that 
was set up in it, and go and make distinct commonweaUhs 
and other governments, as they thoiight fit. 

This has been the practice of the world fi'om hs first lie- 
ginning to this day : nor is now any more hindrance tn tiie 
freedom of mankind, that tiiey are born, under constitu- 
ted and ancient polities that have establislied la^AS and set 
forms of government than if they were born in tlie woocTs, 
amongst the unconhned inhabitrnts that run loose in tijem. 
For those who would persuade us, tljat by being born un^ 
der, we are naturally subject to it, and h^ve no more any 



76 TPIE REPUBLICAN. 

But, if a disruption of a contract, of this 
nature, can produce no damage, direct or 
consequential to either party, there seems to 
be no solid objection to its extinguishment 
bv citlier of them. However, should a citi- 
zen, who had voluntarily entered into a con- 
tract of this kind, think proper to abandon 
the countrv, v/ith which he had contracted 
it, and to join himself to another : and shotW 
he aftervvard^be found, gi^^ing aid and com- 
fort to the enemies of that country, to which 
lie bad fornierh^ svv^orn allegiance ; it would 

title or pretence to the freedom of the state of nature, have 
no other reason to produce for it, but only because our fa- 
thers or progenalors passed away their natural liberty, and 
Ihcrcb} bound up themseives and their posteritj' to a per- 
•peluai subjection to the government, which they themselves 
gubiTiiltc-'d to. 

It is true, that whatever engngements or pjornises any 
one has rnide for himself, iie is under the oblig-alion of 
\\\QXi\ ; but cannot by any compact whatsoever, bind his 
cliiMren or posterity : for his son, when a man, being alto- 
getbei' as free as his father, any act of tlie father, can no 
wore give away the liberty of the son, than it can of any 
bodv else : he may indeed annex such conditions to the 
land he enjoyed as a subject of any commonwealth as may 
oblige his son to be of that community, if, he will enjoy 
those possessions which were his father's ; because that es- 
tate being his father's property-, he may dispose, or settle it 
as he pleases. 

Vide also Eurlemaqni's Prin. of Nat. and Pol. Law, Vol 
?, part 2. Chaj). 5. § 13tb, i4th, l|th. 



>•* -~' 



THE REPUBLICAN. V 

be a circuit matter for him to demonstrate, 
that his act of expatriation, had been of no 
damage, iiamediate or consequential, to the 

count rv he had forsaken. 



^^SAIl Till, 

OF THE VAUIOUS FORMS OF CIVIL GOVERNMENT. 

ACCORDING to the order proposed, we 
shall in this, and the next essay, proceed to 
examine some of the modes of civil govern- 
ment. Having suggested an idea of sove- 
reignty, we are naturally led, in the next 
place, to enquire where the sovereign power 
is deposited, in the organization of civil 
government ; and this leads us to examine 
the different kinds of governmentSj existing 
am on 2: men. 

Political writers and theorists divide the 
different kinds of government into three : 
viz. Monarchy, Aristocracy, and Democra- 
cy ; and they affirm, that all civil govern- 
ments must necessarily be, in form, one or 
the other of these, or else a compound of 
two or more of them. 

A simple monarchy, is w^here one mai> 
G 2 



78 THE RKPUBLICANc 

governs the whole com :ii unity by the powei' 

of his will, and is frequently denominated a 
despotism. 

A simple Aristocracy exists, where a few 
great and powerful men, have the whole au- 
thority of government in their hands. 

And a simple Democracy is where the 
whole people retain in their own possession 
the power of governing themselves. b 

Or in other words, a simple monarchy is 
where tlie sovereign power resides in one 
man ; a simple aristocracy is where it re- 
sides in a particular class of men ; and a 
simple Democracy is Vv-here it resides in the 
great body of the people, (a) 

, History affords examples of these various 
kinds of governments ; and Great Britiaii 
exhibits a compound of all three of them. 
In England there is a monarch, a House of 
Lords, or an Aristocracy ; and a House of 
Comm.ons, or the Democracy, composing 
the sovereign power. 

The government of the United States, as 
well as the governments of the several states, 

{a) Burlemaqai's Prin. of Nat. and Pol. law. Vol. 2. 
Part 2. Cliap. 1. 

Reflections of Polybius on the diflerent kinds of Gov 
Polyb. l.b. 

Montesquieu's Spirit of Laws, Book 2. ch. 1. 



THE REPUBLICAN. 79 

are in principle democratic ; the people In 
all being the depositories of sovereignty i 
but our governments are more properly de 
nominated republican ; because the peo 
pie do not exercise the sovereign autliority 
themselves, but appoint their agents and del 
egates for this important purpose, {b) 

AN IDEA OF THE GOYERNxMENT OF THE UNITED 
STATES, IN CONNECTION WITH THb STATE 
GOVERNMENTS. 

THE United States of America is a con- 
federation of republican states; eacl> state 
having a government peculiar to itself, in all 
which the people are the source of power. 
The government of the U. S, derives its 
authority from the grants and cessions of 
power, made to it, by the States : the States 
retaining all power, which has not been ex- 
pressly or impliedly granted by them to the 
United States. 

The nature of this organization is such, 
that the particular interests and concerns of 
each state, are superintended by its own state 

(^) Federalist^ No. 14. 



80 THE REPUBLICAN. 

government, wlille the interests, which are- 
common to all the states, are under the con- 
trol of the Federal Government. Hence it 
is, that the regulation of commerce, ques- 
tion of peace or war ; the admission of new 
states into the Union j the regulation of the 
national currency ; and other concerns of 
general interest, are exclusively under the 
control of the Federal Government. 

While the British Constitution is checked 
and balanced by the existence of three dis- 
tinct, independent, and coordinate branches 
of the Legislature, consisting of King, 
Lords, and Commons ; the balance of our 
Federal Government, in one respect, seems 
to rest upon the well defined distinction, of 
rights and powers, existing between the Fed- 
eral and State Governments. 

Each state, laudably jealous of the rights, 
which have not been ceded to the Federal 
Government, is bound to oppose the United 
States in any encroachment upon them. 
And in like manner, the United States should 
never suffer any individual state to retrench 
any part of the sovereign authority, delega- 
ted by the Federal Compact. Nothing is 
more essential to the orderly existence of 
the federal government and the general wel- 



THE REPUBLICAN. 81 

fare of the particular states, than a faithful 
and vigilant observation of these mutual 
checks. 

It is true, that hi the Federal Legislature, 
as well as in the Legislatures of most of the 
states, there are three distinct, and coordin- 
ate branches ; yet, these do not check and 
balance the various governments, like the 
three branches of the British Parliament. , 

By the theory of the British constitution^ 
the King, is in fact independent of the peo- 
ple, and the Lords, and so are the Lords in- 
dependent of the people and the King : the 
people, also, by their representatives, the 
Commons, form an independent, and coor» 
dinate branch of the English Legislature. 
These three, derive their power and authori- 
ty from different sources, and having each 
separate and distinct interests, compose the 
sovereign power. From the distinction of 
interests, therefore, inherent in the British 
Legislature, it results that the laws must be 
framed in reference to the combined inter- 
ests of the Vv'hole : and hence a law of par- 
liament has been properly compared to an 
indenture tri partite, or contract between 
three parties. 

But under the federal governmentj as well 



82 THE REPUBLICAN. 

as under the governments of the several 
states, although in most cases there are three- 
branches in the legislature, yet, these do not 
operate to check each other, like the different 
branches of the British Parliament. True 
it is, that by the Federal constitution the 
President is elected for four years, the Sena- 
tors for six, and the Representatives for two : 
but, nevertheless, all of them derive their or- 
igin from the same source ; the people are 
the parents of all three, and all three may be 
compaKcd to water, running from the same 
fountain, by separate issues ; destined to re- 
turn to it again, after limited periods. 

These remarks, however, are not inten- 
ded as a panegyric upon the English Con- 
stitution ; but merely to suggest an impor- 
tant difference, between the balance of that 
government, and our own national constitu« 
tion. 

In addition to the checks, arising fiom the 
nature of the Federal and State Governments, 
there is another of great efficacy, operating 
through the whole of our system, (a) Here 
our fundamental laws, or constitutions of 
government are accurately defined by written 

(a) Rhode-Island is the only State in the Union vlthc.i; 
written fundamental kwsL 



THE REPUBLICAN. 83 

instruments ; and these prescribe, the rights 
of the people and the power and authority of 
government. Any law made, in repugnance 
to these instruments, is of no effect ; they 
operate, therefore, as perpetual checks a^ 
gainst an abuse of power. 

In Great Britain the constitution rests in 
the immemorial usage and custom of the 
country ; and it is one of its acknowledged 
principles that parliament has a supreme, and 
unlimited legislative authority, [b) It is, 
indeed, admitted by all, who know any thing 
of the British Constitution, that Parliament 
can pass no unconstitutional law. This un- 
limited authority, however, is checked in its 
exercise by the peculiar composition of the' 
British Legislature, the supposition being 
that the three distinct orders and interests 
constituting it, could never be brought to 
concur, in any measure, palpably hostile to 
the general welfare of the Country. But, 
as our government supposes no distinction 
of interests or orders among the people ; 
and as our legislatures derive all their au- 
thority from the great mass of the citizens ; 
written fundamental laws, operate as this 

(J>1, Vide note (d) under Essay 8. 



84 THE REPUBLICAN. 

Strongest barriers against an inordinate exer 
cise of power. 

In drawing this conclusion, we are natu- 
rally led to contemplate the importance of 
the Judicial authority, established by our 
constitutions, in its operation as a check up- 
on any unconstitutional exercise of power, 
by any other branches of the government. 

Fundamental laws would be useless, and 
worse than useless, if they might be disre- 
garded or neglected, in the administration 
of the government : it is therefore wdthin 
the authority, delegated to our judicial tri- 
bunals, to refuse to give effect to any uncon- 
stitutional laws or ordinances. The judicial 
authority, thus constituted, operates contin- 
ually, to keep the administration of govern- 
ment true to its fundamental laws, and orig- 
inal principles. 



OF THE ELECTIVE FRANCHISE. 

IN the government of the United States 
and in those of the several states, the peo- 
ple, it has been remarked, are the fountains 
and sources from whence all authority flows. 



THE REPUBLICAN. 85 

The laws therefore which regulate the ex- 
pression of their wills are among the politic- 
al foundations of the stxite, and deserve a 
consideration among the fundamental prin- 
ciples of free governments. 

The great body of the people, under out 
republican institutions, express their will, in 
the choice of their representatives and pub- 
lic agents, generally, by their votes : the 
laws, therefore, which regulate the right of 
voting are peculiarly important. By Qur 
various constitutions of government, ttie 
elective rights of the people are so thor- 
oughly defined as to need no esplanatioji 
here : they are placed beyond the reach of 
faction and party, the palladium of the pub^ 
Tic liberty. 

Tlie laws, in relation to these important 
rights, are so sacred, that their violation ought 
always to be regarded, as an usurpation up- 
on the national, or state sovereignties. No 
individual, who is not qualified by the lavrs 
of the country to vote, in public affi:\irs, 
ought to be permitted to exercise elective 
privileges. Indeed, whoever presumes, in 
this country, to vote in any public matter, 
without a constitutional ri^^htj docs violence 



B6 THE REPUBLICAN". 

to the public liberty, by contaminating the 
fountain of all authority ; and such an indi- 
vidual deserves exemplary punishment. 

Montesquieu says : " At Athens, a stran- 
*^ ger who intermeddled in the assemblies of 
*' the people was punished with death ; and 
** this/* he continues, *' was because such 
" a man usurped the rights of the sovc 
a reign.'' (^aj 

faj Montesquieu's Sp. Laws, b©ok 2'J,- chap. 2A 






Bi*elat<aT^ Olaa^rYatioiiB, 



THE first part of this treatise, has been 
devoted to a brief examination of some of 
the elementary principles, and political prop^- 
erties of free states, as well as to a short sur- 
vey of our own plan of government : we 
are brought, therefore, by a gradatioa, not 
altogether abrupt, to contemplate the prac- 
tise of free states, in the administration of 
their affairs* 

After the fundamental hiws of a nation 
• have been established, upon rational and 
clear principles by the people, the structure 
of government is complete ; and its opera- 
tions may commence, in conformity to the 
standing rules prescribed by the constitu- 
lion. We say in conformity, with the stan- 
ding rules prescribed by the constitution : 
because original compacts, and political con- 
stitutions, will be to nations idle and uselesi^ 
formalities, if the sacred principles contain- 



8S THE REPUBLICAN".' 

ed in them, are negleO.d and violated in the 
administration of the government. 

The civil administration of every sove- 
reign and independent state, naturally di- 
vides itself into two great departments, usur 
ally denominated, the internal or domestic, 
and the external or foreign relations of the 
state. These, again, are each susceptible of 
more numerous subdivisions : thus in this 
country, we have the Department of State ; 
of the Treasury ; of the Navy ; and, of 
the Army Ike. In our various legislatures, 
we percei\e/a]so, that a correct dispatch of 
public business requires a division of it, a- 
xiiong various committees : thusfor instance, 
in the national legislature, wc notice com- 
mittees, of Foreign Affi-iirs ; of Ways and 
"Means ; of Commerce and Manufactures Sec, 
It would, however, far exceed the limits of 
one volume, to enter into a minute, and de- 
tailed discussion of every subject of civrl 
administration : we shall therefore notice 
only some of the more prominent, and car- 
dinal subjects, embraced in the foreign, and 
domestic concerns of the nation. 

Jn pursuance of this plan, the second part 
of these essays, will be devoted to a consid- 
eration cf some of th<? most conspicuous 



THE REPUBLICAN, m_ 

subjects, referable to the internal concerns of 
our country : and, although the view con- 
templated, is but a restricted one, the task 
Eiay be too difficult to be successfully ac^ 
complished. But be this as it may, the 
course prescribed, will not confine our viewSy 
exclusively, to the administration of the 
Federal Government, but we shall assume a 
latitude wide enough to embrace, a notice of 
many of the duties of the several states, re- 
latins; to their internal concerns. The blend- 
ing of our views, in this manner, will be ac- 
companied with an endeavour to steer clear 
of a confusion of ideas ; and hopes are en= 
tertained, that this method may prove sub- 
servient, to a more clear exposition of the 
relative duties of the Federal, and State 
Governments, in relation to the advancement 
of the public happiness and prosperity. 

To promote perspicuity, therefore, the suc- 
ceeding essays will be classed ; and an idea 
:of the general scope and object of each cl jss, 
appertaining to the second part of this trea- 
tise will be now suggested. 

Tlie tendency of the first class proposed* 
will be, it is hoped, to promote the growth 
.of sincere piety, virtue and useful know!* 



so Tlis, RE PUB Lie Atf. 

edge in our country : ^' a consunimation 
'*^ devoutly to be wished.'.' 

The second class will treat of those sub- 
jects which relate to the public defence ; and 
will disclose the necessity of being at all 
times, in some degree prepared for-^var, in 
order that peace, may be the more constantly 
preserved. 

In the third class the interests of Agricul- 
ture, Commerce, and Manufactures, thft 
i^reat sources of national wealth, Vvill be ex- 
amined : and because these constitute the 
^reat sources of public income, and because 
their success and prosperity depend in a great 
degree upon a judicious system of taxation^ 
an essav on the revenue will be included in 
;£his class. 

The fourth class however will contain, al- 
so, some essavs on the fiscal concerns of the 
ilation ; and thus the second part of the trea- 
tise will be concluded. 

This, it is true, may seem a bold out-line >• 
and the cautious reader may smile at the te- 
merity of him, Vvho proposes to fill it up in a 
few short mmibcrs; but be it remembered 
by all, xhviiwexvritenot^hat people jnayread^ 
%iit that the?/ maytiibik. He, therefore, who 
;thiiiks thoroughly, though he may not read 



THE REPUBLICAN. Dl 

much upon the regulation of the internal 
concerns of his country, will realize the im- 
portance of them, as well as the great atten- 
tion they deserve. The foreign relations of 
a nation cannot always be controled, and reg- 
ulated by the wisest governments : because 
foreign powers, actuated by unjust viewSj 
.frequentif interfere with them, and discon- 
cert the happiest schemics of foreign policy. 
In our country, it must be expected, that the 
interruption of our foreign relations and ar» 
rangements, will, at times, subject us to tem- 
porary embarrassments, privations, and col- 
lisions : our domestic policy, therefore, 
should be so well regulated, as to render the 
government, and people secure within, tho' 
the storms of war should rage without. 



AN IDEA OF THE SCOPE OF THE FIRST CLASS. 

VIRTUE and knowledge constitute two 
of the great moral pillars of a republican state, 
and every intelligent mind, will discover the 
necessity of promoting both the one and the 
other. In relation, however, to these anima- 
ting subjects, experience teaches us, that al- 



92 THE- REPUBLICAN. 

though the progress of knowledge may hh 
greatly accelerated by the active measures, 
and positive laws of a country ; yet the 
growth of piety and virtue cannot be coerced. 
It is true, that the laws may compel men 
to respect each other's rights, and to perform 
their positive obligations to each other, and 
the public ; but the beauty and strength of 
society consist in having all the duties of im- 
perfect obligation held in esteem, and the 
positive laws obeyed ; not from the fear of 
penalties, and punishments ; but from a sense 
of moral and patriotic duty. Sincere religion, 
and true virtue, of all things, will be the most 
efficacious in bringing about such desirable 
results: but piety and virtue are qualities,, 
and exercises of the heart ; and the heart 
cannot be reached and purified, by the di= 
rect operation of human laws. To be sure, 
the indirect effect of human laws, may have 
a happy influence in increasing, and extend- 
ing the principles of piety, virtue, and hon- 
our : but the positive institutions, establish- 
ing the supremacy of one religious denomi- 
nation over others, have, too frequently, been 
but the tocsins of civil discord, and slaughter ; 
before the ravages of which, affrighted vir^ 
tuc has fled into the mountains, and the des- 



THE REPUBLICAN. 93 

€rts. Human laws which subordinate one 
denomination of christians to another, may- 
serve to conform the exterior man, in some 
instances to prescribed formaUties ; but the 
scrupulous observance of formalities, will 
frequently be found to cover the grossest hy- 
pocrisy, and turpitude of heart. 

True religion, and virtue must be advan« 
oed by other means ; they require a gentle 
culture ; and they are too spiritual, in their 
natures, to yield to civil penalties anddisabiU 
ities. Yet, tender and celestial, as are the 
sentiments of piety, and virtue, we must 
not despair of cultivating them successfully : 
and no proper, and effectual measures must 
be left untried to sustain and extend their 
beneficent influences. Atheism and impi-. 
ety are as dangerous to society, as to indi- 
viduals ; and every good man, be his walk in 
life what it may, ought to co-operate to re- 
press their devastating effects. It need not 
be added, that it is the peculiar duty of all 
such, as are placed in the direction of affairs, 
either in the administration of our federal, 
or state governments, to keep constantly in 
view the advancement of truth, and knowl- 
edge ; of integrity, and honour, and all the 
virtues, which adorn the republican character. 



94 THE REPU-ELICAN-. 

The eight succeeding essays, on the Pub*, 
lie Worship of God ; on Education ; on 
Good Morals ; on Patriotism ; on the Lib- 
erty of the Press ; on the Exercise of the 
Elective Franchise ; and those on the Ad- 
ministration of Justice ; on account of the 
affinities existing between them, will consti- 
tute the first class of the second part of these 
essays. And it is apprehended, that the 
subject of each is susceptible of views cal- 
culated, in a greater or less degree, to pro- 
mote the cause of virtue, and the difTusicji 
of knowledge and science. 



1^^^A\ 11. 
OF THE PUBLIC WORSHIP OF GOD. 

BEFORE we proceed to considerthe hap- 
py consequences, which must infallibly at- 
tend the rational and sincere worship of Al- 
mighty God, it may not be amiss to enquiry 
into the evidences afforded by nature of the 
existence of a Deity. An attempt of this 
kind may possibly be deemed superfluous 
by those, who take the scriptures, as the rule 
of their fliith : but, when it is remembered 
that there are individuals, who affect to e^- 



tilE REPlTBLICAIv. &5 

teem Revelation, as an imposition upon the 
credulity of mankind ; the enquiry propo- 
sed may not be useless, or improper. 

The contemplation of our own wonderful 
organization and powers, is enough to fill us 
with astonishment, but this is greatly increa- 
sed, when we survey the visible creation, 
spread wide before us, in all the majesty of 
nature. The various inhabitants and pro- 
ductions of the earth, sea, and air ; the order 
of the seasons ; the regular alternations of 
day and night ; the structure of the globe ; 
the refulgence of the sun ; and the milder 
-lustre of the stars ; all unite in forcing upon 
the mind of the most careless observer, an i- 
dea of a great first cause. In addition to 
this, when it is considered, that the earth up- 
on which we stand, pursues its course through 
the regions of space, sustained amid airy 
nothing, by the influences of attraction and re- 
pulsion : w^hen we reflect upon the continual 
change of position to which most of the 
heavenly bodies are subjected ; and up- 
on the constancy, harmony, and order, which 
are inseperable from their revolutions ; it will 
be difficult, for a rational being to acquiesce 
•ia the doctrine of the atheist, and ascribe 



96 THE REPUBLICAX. 

the appearances of nature to a fortuitous 
congregation of atoms. 

It is idle, in the extreme, we apprehend, 
to attribute the appearances of nature, and 
the multifarious organization of matter to 
chance : *' Those," says Montesquieu, 
^' who assert that a blind fatality produced 
" the various effects we behold in this world 
" are guilty of a very great absurdity ; for 
" can any thing be more absurd, than to pre- 
*^ tend that a blind fatality could be produc- 
*' tive of intelligent beings ?" 

In truth, all our habits of thinking, and 
the dictates of common sense teach us to in- 
fer a cause from every effect ; and all our ar- 
gumentations a posteriori^ are agreeable to 
this method of reasoning. Hence it is, 
that we are constrained, (for opinions are not 
voluntary,) to believe, that the Creation had 
an adequate cause : that cause, then, is God. 

It has, however, been asserted, by some 
philosophers, that there is no discoverable 
connection between cause and effect, and 
that all we know upon this subject, results 
from having observed certain things or cau- 
ses as they are called, constantly followed by 
certain other things or effects, as they are 
called : aiid this experience, it is said, fur- 



TirE REPUBLICAN, 97 

nishes no proof, that one thing is the ef&cleiit 
cause of the other ; as this extraordinary 
concurrence may take place upon some un= 
known natural principle* totally different 
from oar notions of elTiciency. But in 
searching after truth, we must be careful act 
to bewilder ourselves bvtoo many over nice 
refinements^ which are only calculated to di- 
vert the mind from tangible truths, to the 
pursuit of shadows and illusions. 

Notvv'ithstanding a}l*the specious doubts j^ 
which a sceptical philosophy may excite, it 
would be impossible to satisfy a man of plain 
understanding, that his present existence is 
altogether a matter of uncertainty ; and that 
the regular operations of his Uiind, of whicli 
he feeis.a consciousness may be nothlnsr af-^ 
ter all but phantasms. Of our ovi^i ex- 
istence, and the' operations of our own 
minds we are confident ; nor are we less 
certain of the existence of surrounding ob- 
jects. 

From the inseparable connection, which 
we have always observed, between what is 
called cause, and what is called elTect, v/e 
cannot separate in our own minds the one 
from the other, in such a manner as to reii- 



9S THE REPUBLICAN, 

der them in our belief independent of each 
other. The constant and uninterrupted con- 
nexion, which we have uniformly noticed, ih 
>he succession of effect to cause, has begot- 
ten a corresponding habit of thinking, and 
course of rejection : and, hence it is, when 
we contemplate the visible creation the idea 
of a cause continually occurs to us. Nor is 
it possible for us, by any effort of the mind, 
to imagine the visible creation to be desti- 
lute of cause, anymore than it is possible 
for us to form a conception of a brazen co- 
lossus, standing in the air, sustained by 
nothins:. 

Having arrived at this point, the cautious 
enqisirer will stop to ask, whether the cause 
of the visible creation now subsifcts ; or 
Vvhclher it may not have subsided : because 
effects are frequently visible, long after the 
causes \vhich produced' them have subsi* 

If a man strike a billiard ball, the blow i^. 
the cause of its motion, but the cause is on- 
ly of momentar}' existence, while the effect 
of it continues for a considerable time. — 
Admitting, therefore, that i/ie?'e was a cause 
ibr the visible creation ; we must yet pro- 
ceed a step further aud satisfy ourselves. 



THE REPUBLICAN. 99 

whether that cause is still subsisting and 
operating, before we can arrive at the conclu- 
sion, that the cause is an existing being. 
Let us therefore endeavour to satisfy our- 
selves, by the light of natural reason, upon 
this point. 

So fiu' as experience furnishes a guide, 
subsiding causes are ah\^ys followed by 
subsiding effects. The billiard ball ceases 
by degrees to move after the stroke, which 
excited its action, has subsided : the watch 
ceases to go the moment the main-spring is 
relaxed : and the mill wheel ceases to re- 
volve the moment the water is excluded. If, 
however, the billiard ball was constantly un- 
der the operation of the stroke, it would con- 
tinually move ; if the watch was continually 
under the impulse of the main- spring, it 
would continually go, the work being in or- 
der; and thus it would be with the mill wheel, 
as long as the water pours upon it. Where 
ever, therefore, we perceive a subsisting and 
continuing effect, we infer a subsisting and 
continuing cause ; and in like manner, we 
infer from a subsiding effect, a subsiding 
cause. This is the operation of the human 
mind on subjects of this description ; and it 
Is impossible that it should operate othe^r^ 



100 THE REPUBLICAN. 

wise : let us, then, apply the principle w'^ 
have endeavoured to establish to the case be- 
fore us. 

The most remote ages found the visible 
creation, governed by the same natural laws, 
as at the present day : the same stars, which 
now shine in the firmament, were observed 
by the earliest astronomers : and the revo* 
lutions of the earth round the sun, are per- 
formed now, in the same space of time, as 
they were thousands of years ago : therefore 
we infer, that the original cause of the visi- 
ble creation continues now to operate, in the 
same manner as at first. 

The general conclusion, which results 
from the foregoing remarks is, that an exis- 
ting God is the author, and governor of the 
Universe, The attributes, therefore, of a 
being so exalted and Vvonderful, must be a 
subject of the deepest interest to every intel- 
ii«^ent beins; ; and we shall now endeavour to 
discover, by the light of reason, whether God 
be intelligent, benevolent and just. 

In respect to the intelligence df • the Di- 
vinity, it may be remarked that the Deity 
cannot be otherwise, than an intelligent be- 
ing ; because the mode of argument, before 
stated, which turns upon the operation of 



THE REPUBLICAN-. 101 

Qur own minds, will be enough to satisfy us 
upon this point, as well as upon the others. 
How can we seperate the plan, method, and 
design, apparent in the Universe, from the 
idea of intelligence in its author ? 

But, to make this matter more plain, we 
will suppose the case of an atheist, who is 
cast away upon a desert island, where no 
trace of a human being, or any other animal 
is perceptible. In the course of his travels 
over the island, the first thing, which he meets 
with, worthy of notice, is the deserted habit- 
ation of a beaver. He observes its structure 
attentively, and admits within his own mind, 
that the animal which made it, must have 
been sagacious. VV ith this reflection he pas- 
ses on, and discovers at a distance a hut, 
which upon a near inspection, turns out to be 
the abandoned dwellins: of an Indian. This 
is built by the side of a fountain, has a door, 
calculated to open and shut, and is accom- 
odated within with a rude fire-place. At 
sight of all this, the atheist naturally re- 
marks upon the superior wisdom of the ani- 
mal that constructed ii ; and concludes, that 
its rank, in the scale of intelligences, must- 
have been far above that of the animal^ which 

r ^ 



10^ THE HtftJBLtCAN. 

erected the structure, he had first seen upon 
the island. But still pursuing his course, 
he discovers at last upon an elevated spot of 
ground a magnificent palace, built with every 
convenience of life, and all the decorations 
of taste. Struck with admiration at the 
view of this beautiful edifice, yet seeing no 
living creature around him, he nevertheless 
exclaims, surely the being, that constructed 
this elegant mansion, greatly surpassed in in- 
tellectual power and ability, the architects 
of the other habitations, which I have left 
behind ! 

Now, in drawing these several conclusions 
the atheist would follow the dictates of rea- 
son : for as he had always found method, and 
design to be the offspring of intelligence ; 
and the designs of men, and beasts, to be 
more or less perfect, according to their dil^ 
. ferent degress of mental capacity, he would 
properly infer, that the evidences of design, 
which he had discovered upon the island, had 
been reared, under the superintendance of 
intelligences, more or less, perfect. 

Admitting,therefOre, his conclusions to be 
correct, the Atheist would have advanced a 
great way, in dispelling the darkness, which 
overshadowed his mind; in relation to the 



THE ItEPlTBLlGAN. 103 

existence and intelligence of God. Indeed, 
he might well proceed a step farther : he 
might say, if the edifices which I have seen 
in this island, satisfy me beyond the possibil- 
ity of doubt, that th.e animals, which con- 
structed them, possessed minds, indued 
with a greater or less degree of intelligence, 
proportioned to the nature of their works : 
how vast must be the intelligence of that 
Being, who originated, and who sustains the 
visible creation, so replete with evidences of 
design ! ! In truth the works of the Deify 
display the vastness of his intelligence. 

Of the nature of the Divine Mind, We 
may know something, also, from the light of 
nature and reason. And first the Divine 
Mind, it is evident, must be of an order en- 
tirely different, and infinitely above the hu- 
man mind. The human mind is dependent 
for its knowledge, upon the impressions made 
upon it by surrounding objects ; whereas, 
the Divine Mind must have existed antece- 
dent to all objects, and existences, which are 
the sources of human impressions. The 
mind of God, therefore, from its own intui- 
tive power, must have designed that uni-» 
verse, which his hands have executed. This 
view^ of tiie subject, also, leads us to anotliet 



10.4 THE REPUBLICAN. 

conclusion, no less important, than the fore* 
going : for it satisfies us, that the mind of 
God, in the very nature of things, must be 
independent of matter ; and it refutes the 
doctrine of the atheists, asserting God to be 
nature, and nature, God. 

That the Ruler of the Universe, is a be- 
nevolent being, we think to be equally clear, 
from the light of reason. It is true, that very 
learned men, among the clergy and laity, 
liave entertained a different opinion ; but we 
do not see, after all, how the conclusion sug- 
gested can be avoided. 

The word Benevolence, imports a dispo- 
sition to do good, and as this disposition sup- 
poses a quality of the mind and heart, we 
have no way of judging of the benevolence 
of beings, independent of ourselves, but by 
their actions, and dispensations. Let us 
then exercise the same mode of reasoning, 
in relation to the Divinity, which we exer- 
cise, in regard to our fellow- men. If we 
esteem an individual good, and benevolent, 
who is continually heaping favours upon 
those, to whom he is under no obligations ; 
for like reason, let us yield to the Giver of 
every good and perfect gift, this celestial at^ 
tribute, 



THE REPUBLICAN^. 105 

Every intelligent being esteems life as the 
greatest of all earthly blessings, tho' enjoyed 
under the most disagreeable and adverse 
circumstances: God being the author of 
life, is then the giver of the greatest earth- 
ly favour. But how are vi^e to reconcile, it 
may be asked, the permission of earthquakes, 
tempests and pestilence, with the benevo- 
lence of the Deity ? The reply is simple :— - 
these things which are permitted in the econ^ 
omy of nature, tho' viewed too ff-equently,^ 
by finite man, as partial evils, would be es- 
teemed if rightly understood, as the efficient 
causes of the greatest degree of general good. 
And if in the devastations of the storm, of 
the desolations of the pestilence, man fre- 
quently flails a victim ; the benevolence of 
the Almighty remains unimpeached. Man 
has no right to complain, that his days are 
not prolonged ; he ought to be thankful for 
the measure which Providence has allotted 
to them. As well might he repine at the de- 
crees of heaven, which have determined his 
mortality, as complain of the dispenaation, 
which cuts him off, in the flower of his youth : 
the wise, and the good man neither solicits, 
or declines the inevitable stroke of destiny. 
Yetj w^hen we see those, whom we love. 



106 THE REPUBLICAI^r. 

stretched upon a bed of sickness, and asso- 
ciate with their pains, and anguish, the ideas 
we entertain of their innocence and virtue ; 
the mind for a moment misgives, with re- 
gard to the benevolence of God ; but the 
doubt is soon dissipated, when we reflect, 
that even those, who have passed through 
life, under the most distressing circumstan- 
ces, would receive it again, w^ith the same 
pains, and the same pleasures, with gratitude^ 
from the hand of their Creator. 

But, when we consider the portion of hap- 
piness allotted to other animals ; the thou- 
sand enjojments, and pleasures with which 
human life is generally s weetentd ; and the 
inspired resignation with which the good and 
virtuous surrender it, when Providence re- 
quires it ; the benevolence of the Author of 
our existence, is eminently manifested^ 

The enquiry has now proceeded far e- 
nough to display the infinite power, wisdom, 
and benevolence of the Creator : and it rcr 
mains only, that we attempt to demonstrate 
his justice. But this is already done : for 
that Being, who is infinite in power, intelli- 
gence, and benevolence, must necessarily be 
just. His infinite wisdom enables him to 



THE REPUBLICAN. 107 

discern, at a glance, all the relations of jus- 
tice : his infinite power enables him to pre= 
serve them : and his infinite benevolence 
prompts him to exercise these divine attri- 
butes with inflexible constancy, unless in in- 
stances, where he relaxes from justice^ for 
the sake of mercy. 

Although the same conclusions may be ar- 
rive d at, by taking other views of the subject ; 
yet these, which have been presented would 
seem to be sufficient to satisfy us, that God 
exists ; that he has power^ intelligence, and 
benevolence, to a degree, beyond which we 
are incapable of supposing any thing superior. 
But, notwithstanding this, the Atheist, with 
an air of supercilious triumph, in relation to 
that part of the argument, which relates to 
our notions of cause and efFeet, may demand 
of us to explain, upon our own principles, 
the cause of God, An interrogatory of this 
Icind, we apprehend, is easily an&wered : for 
well may it be said in reply to it, that we have 
ascended in the investigation, as high as hu- 
man reason will permit, and that we have no 
data for further argumentation* In truth, it 
is enough for us, that reason teaches us, the 
existence of a being, beyond which we can- 
not conceive of another, more infinite in pow- 



108 THE REPtJBLICAK",^ 

er, wisdom, benevolence and justice. 

Since then reason as well as revelation 
teaches us, that God exists, and that he is in- 
finite in power, intelligence, benevolence and 
justice : and that consistently with his di- 
vine attributes, he can as easily contemplate 
the actions of nations and individuals, as he 
can the motions of the planetary system : it 
behoves all men, and especially those, who 
are called to preside over nations and com- 
monwealths, to think of their duties, and ob- 
ligations, towards that Power, by whom we 
live, move and have a being. The rational 
worship of this Almighty Being, is most 
surely a duty, which ought to be sincerely 
performed by all, according to the dictates of 
conscience. Nor can any state or nation, be 
acting in opposition to either duty or policy, 
which encourages, by all suitable means, the 
support of a religion, which while it incul- 
cates the exercise of a portion of that benev- 
olencce towards our fellow creatures, which 
God so abundantly exercises towards us; 
guards and purifies ;he marriage bed ; 
secures the performance of every duty 
of imperfect obligation ; and renders the 
grave itself, to the good man, only the gate 
to another^ and ^ better world. 



THE REPUBLICAN^ 109 

Banish the christian religion frowi a state^ 
and what will constitute the basis, and pre= 
servative of morals? To be sure the glare of 
chivalric honour may linger behind, but, this^ 
after all, will only render the state like a whi- 
ted sepulchre ; fair without, but full of rot- 
tenness wathin. Banish religion, and where 
will be the security against perjury, and the 
numberless evasions, which the disingenuous 
witness will practice in the tribunals of jus- 
tice ? And where will be the security against 
the commission of crimes, when opportuni« 
ty promises impunity to the perpetrator ? In 
the absence of religion nothing shall arrest 
the arm of the mid-night assassin, who thinks 
the blow he meditates, will be, " the be all^ 
** and the end all here." 

Behold the wretch, who seizes upon fe- 
male innocence, and gluts upon her pure, and 
unpolluted body, his brutal appetite, and 
who, to escape detection, sheaths a dagger 
in her agonised bosom ; and you shall see a 
miscreant, who laughs at the idea of a future 
state, and ridicules the Ycry existence of a 
God, 

fbj Vide Hume's Es^ay " of the Acudemical or Seen* 
*Ji|^l Pixilosophy."" 

K 



no THE REPUBLICAN. 

IiS8.AX 111. 

OF EDUCATION. 

IF it becomes states and nations, to coun- 
tenance and encourage the rational worship 
of Almighty God, by all suitable means ; 
they have an equal interest, in restraining the 
progress of fanaticism, and in dispelling the 
clouds of superstition. Fanaticism and su- 
perstition are the progeny of Ignorance ; 
and in the dark and benighted ages of soci- 
ety, this sullen mother and her wayward 
children, have ruled tlie frantic world. 

The revival of learning, and the invention 
jof printing, by contributing to the diffusion 
of knowledge, gradually dissipated, in Eu- 
rope, the gloom of barbarism ; facilitated 
the progress of the Reformation j and open- 
ed, by degrees, the eyes of a large portion of 
mankind. In this age, therefore, it ought not; 
to be forgotten, that learning and knowledge 
are the happiest auxiliaries of sincere piety 
and virtue ; as well, as the chiefest securi= 
ties, against superstition and fanaticism. 

While science and knowledge happily aid 
ill illustratin^^ the relations, which exist bc^ 



THE REPUBLICAN. Hi 

fwe6n God Ihd his creatures ; they cannot 
fail to shed the clearest light, upon the rela- 
tions, existing among men : and hence it is, 
that their cultivation becomes so important, 
as the surest means of preserving pure relig^ 
ion and rational liberty. 

Lycurgus, the Spartan, resolved the whole 
business of legislation into the bringing up 
of y^uth ; endeavouring thus to interweave 
the principles of the government with the 
manners asid breeding of the people. The 
^vVisdoni of the Lacedenionian \?.\y "ivcr iii 
this, was conspicuous ; for nothing can be 

^ore politic in a legislator, than to mould 
the manners, and habits of a people, in con» 
formity to the spirit of the civil institutions^ 
under which they are destined to live. 

The tendency of the Spartan education 
was to prepare the pupils to be daring and. 
ej>pert in war. *' Leonidas," (says the liis- 
torian Gibbon) " and his three hundred com- 
** panions devoted their lives at Thermopy- 
*' las, but the education of the inflmt, the boy, 
.*' and the man had prepared and almost ea- 
*' sured, this memorable sacrifice." 

The force of education is prodigious; and 
it is certainly desirable, that a people living 
ynder a republican form of goyernnjieiit,, 



112 THE REPUBLICAN. 

should give it such a direction, as to rendei' 
it subservient to the promotion of repubhcan 
habits and sentiments : and nothing can be 
jnore efficacious in promoting such desira- 
ble results, than a course of education, con- 
formed to the obvious policy of free statesv 
At an early age, children are capable of im- 
bibing many useful and valuable impres- 
sions ; and, indeed, it is in childhood, that 
the seeds of morality, and patriotism, are to 
be the most advantageously sowed. W'lih 
a view, therefore^ of. implanting in the bo- 
soms of our youth, that virtue, which is in- 

— --?:--»-•-•— X..-»~,^ *-^-,-,r\ lTt\r\xtrictr\n'a • r» ll i Iri »'<^»'* 

ought not only to be instructed in the social, 
jnoral, and religious duties of life ; but pat- 
riotism should be presented to their young 
and glowing minds, as one of the most ex- 
alted duties towards the public. A blind 
attachmeiit, however, to one's country can 
never be desirable ; for it is only that affec- 
tion, which results from a knowledge of the 
benefits it is capable of affording to the hu- 
man race, which deserves the name ofvirtue* 
To the end then, that an enlightened pat- 
riotism mny exist, some knowledge of the 
principles of our political institutions, may 
he profitably imparted to the youth of Arner* 



THE llEPtTBLICAN. 113 

ica^ as a part of their education. Let them 
be instructed, that while it is their duty to- 
obey the laws, they will always have the 
right of discussing their merits, and the_ pow- 
er of repealing such, as may operate disad- 
vantageou^ly : that government is instituted 
for the happiness of mankind ; and that in 
proportion, as it advances this desirable ob- 
ject, it is entitled to the support and confi- 
dence of the people. These a«d a variety 
of other precepts like them, are capable of 
a thousand illustrations, calculated to make 
strong impressions on the minds of youth^ 
and to render them in the end useful citizens, 
Pufendorf tells us, that public schools are 
of great advantage in promoting the best in- 
terests of society : *' If (says he) they are 
^* employed for the teaching, not of useless 
^* trifles, and the invention of idle brains, the 
^* reliques of the Kingdom of Darkness ; but 
'^'^ solid learning and knowledge ; the use of 
*^ which diifuseth itself through all the busi- 
*'ness of life. Amongst these studies, the 
^* chief is that, which, upon sound and ra- 
" tional principles, explains the right of sove* 



114 THE REPITBLICAN. 

*' reigns, and the obligations correspondent 
^' to it, in the subjects." (a) 

Books containing this kind of informatioii 
cannot be employed amiss, in any of our 
-schools ; and when a course of education of 
this description, is judiciously combined 
with a proper system of moral and religious 
-instruction, it must have a visible tendency 
to expand, enlarge, and elevate the minds of 
children. 

Burlemaqui, goes so far in relation to this 
important subject, as to observe, that ** it 
.*'beionQ:s to the sovereicrn alone to establish 
*^ academies and public schools of all kinds, 
*^ and to authorize their respective profes- 
** sors. It is his business to take care, that 
''nothing be taught in them, under any pre- 
'"* text, contrary to the fundamental maxims 
^ of natural law, to the principles of religion 
^* or good politics ; in a word, nothing capa- 
^* ble of producing impressions prejudicial 
"^^ to the happiness of the state." 

This excellent writer, in another part of 
iVis work upon the Principles of Natural and 
jPolitic Law, in reference to the same sub- 
ject, remarks, ** the first care of a prince 
*' ought to Ge to erect public schools for the 
v{ rtj Fufendarf's Law Nature, &c. book T. seotio'n 4. 



THE REPUBLICAN. 



''education of children, and for training them 
'' betimes to wisdom and virtue. Chi!dren 
'■^ are the hope and strength of a nation. It 
" is too late to correct them when thev are 
'^ spoiled. It is infinitely better to prevent 
" the ev'i], than to punish it. The King who 
*' is the father of ail his people, is more par- 
''ticularly the father of ail the youth, who 
'' are, as it were, the flower of the whole na- 
** tion. And as it is in the flower that fruits 
'*are prepared, so it is one of the principal 
" duties of the sovereign to take care of the 
^* education of youth, and the instruction of 
*'liis subjects; to plant the principles of 
" virtue early in their minds, and to maintain 
" and confirm them in that happy disposition. 
** It is not law and ordinances, but good mor- 
** als that properly regulate the state." (^aj 

We shall conclude this paper with a sin- 
gle reflection. If the duty of properly edu- 
cating children is so strongly recommended 
to kings and princes, how much more em- 
pliaticaliy does the obligation urge itself. 
Upon the rulers and representatives of a free 
people ! 

fc^J BurlemaquI, volume 2. part 2. chapter 8, section ^8. 



116 THE REPUBLICAlC, 

OF TTHE ADVANCEMENT OF GOOD MORALS, 

WASHINGTON, with paternal affcc^ 
tion, has told us, that of all the dispositions 
and habits, which lead to political prosperi- 
ty, religion and morality are indispensable 
supports. 

Although religion is the surest basis of 
moralit}', yet it is acknowledged, that the 
latter may exist, where religion in a strict 
sense, does not : and as morality alone is 
productive of valuable consequences to com- 
munity, however distant it may be from true 
piety, the community have a deep interest in 
its a'dvancemcnt. Indeed, a people that are 
really moral, will be found to obey the laws 
from a moral principle, and like the fabled 
inhabitants of Latium, be just, not so much 
from legal obligations, as from volition, and 
the religion of thecountry. (a) 

But although, in this world, we cannot ex- 
pect to arrive at a state of moral perfect ion> 
we are inexcusable if we neglect the means^ 

^a) — Neve ignorate Latinos 

Satarni gentem, baud vincio nee legibus sequam, 
Sponte sua, veten«<juc Dei se more tenentem. 

Mgid. Lib. ^. llac 30* . 



THE REPUBLICAN, 117 

witluii our power, to keep the cause of virtue 
and morality alive. In pursuing the lousi- 
ness of legislation, and in every other part 
of the administration of government, care 
should be taken to check the progress of 
vice ; and to promote, on the part of the 
people at large, that moral conduct and feel- 
ing, which are so highly honourable, and 
beneficial, to community. 

To this end, the laws ought to be so 
framed, as to furnish as few inducements to. 
the breach of theni as possible ; while their 
penalties should be such, as to counteract 

o vviiicn prompt t^ JiCir VioiaLiun. 






Idle and useless laws are to be avoided, for 
such weaken the respect, which will naturally 
exist for the good and useful regulations of 
society. But laws, intended for the general 
benefit, will sometimes conflict with the in- 
terests of a particular, and influential portion 
of society ; and when this happens to be the 
case, the legislature have a difficult task to 
perform. The interest of the public, and the 
cause of morality, however, require that laws 
of this description should be framed in such 
a manner, as to leave but few inducements 
for their violation. Among a free people, 
5»lsOj the public sentiment should if possible. 



118 THE REPUBLICArf, 

co-operate with the penalties of the laWs to 
ensure their faithful observation : and what- 
ever may be thought of the expediency of a 
constitutional law, the wilful violation of it, 
ought not only to subject the violator to the 
penalty, but also to the disfavour of his fel- 
low citizens. 

The cause of morality, evidently, may be 
greatly promoted by a judicious exercise of 
the power of appointment to offices under 
government. In a country, so commercial 
^s ours, our revenue officers, from the hi^hes^ 
to the lowest ought to be men of sterling and 

established integrity ; and all othcers, navmg* 
the charge and collection of public money, 
should be men of the strictest probity, as 
well as men of sufficient capacit}^ Govern- 
ment should not be content merely with 
parchment and wax, as a security for the 
faithful performance of duty ; but it should. 
in all cases have the additional security of a 
fair and upright character. If those to whom 
the disposition of public offices is confided, 
disregard the character and talents of candi 
dates, and suffer themselves to be guided by 
prejudices or partialities, they are themselves 
guilty of a gross dereliction of duty. 

Helvetius, in bis chapter, on the means of 



THE REPUBLICAN-. 119 

securing virtue, has this remark : — ^** A rul= 
*' er has a thousand places to bestow ; he must 
^*iill them up ; and he cannot avoid render- 
*' ing a thousand people happy. Here then 
** his virtue depends only on the justice and 
^* injustice of his choice. If, when a place 
*^ of importance is vacant, he gives it from 
" friendship, from weakness, from solicita- 
" tion, or from indolence, to a man of mod- 
^* erate abilities in preference to another of 
■'^ superior talents, he ought to be consider^ 
" ed as unjust, whatever praises others may 
^^ bestow on his probity." fbj 

Great and useful civil, naval, and military 
services deserve to be suitably eomniefriorat- 
ed and rewarded. The Army and NaVy 
ought to be under the direction of brave and 
honourable officers ; but personal courage, 
or splendid achievement, ought not to ope- 
rate as screens, for oppressive, or dishonora- 
ble conduct. Our great men ought to be 
like Cesar's wife, not only pufe, but above 
the suspicion of impurity : thus would hbii= 
our and morality become the Esprit de Corps^ 
and the national character be more and more 
exalted for integrity, generosity, and bravery. 

By a law of the Twelve Tables^ the Ro= 

fbj Helv€ltas^De;L'Esprit: 



120 THE REPUBLICAN". 

mans were enjoined to worship those com- 
mendable qualites, by which their heroes 
were supposed to have obtain'd Heaven ; such 
as understanding, virtue, piety, and fidelity : 
but they were strictly forbidden to reverence 
any vice : thus the skill of the Roman The- 
ologists decreed an apotheosis to those virtues 
which advanced the order, and strength of 
society, and promoted the happiness of man- 
kind. If this was the case at Rome, let us, 
in this country, with more enlightened zeal, 
emulate the virtues and examples of our 
great men : for in virtuous examples of char- 
acters we are by no means deficient. 

Marcus Aurelius Antoninus, at an early 
age, embraced a philosophy, which taught 
him to submit his body to his mind ; his 
passions to his reason ; to consider virtue as 
the only good, and vice as the only evil. 
Principles like these, were calculated to ren* 
der those happy, over whom he was called to 
preside : and principles like these, guiding 
the operations of great minds, will always 
promote the happiness of society, and have 
a tendency to elevate honour, morality, and 
benevolence, upon the ruins of dishonesty, 
turpitude, and malice, 

But, if, the perfect establishment of Y.ii*:. 



THE REPUBLICAN, i2| 

tue upon the ruins of vice, is not to be ex- 
pected, from the steady application of the 
means, within our power ; no harm can re- 
sult from persevering in the experiment : 
for all men will readily acknowledge, that an 
honourable and intelligent nation, influenced 
by a rational religion, and the dictates of a 
pure morality, would continue to exhibit 
such a degree of internal happiness, strength, 
and order, as would furnish the best assur. 
ances of its liberty and independence. 



"ESS AX T. 

OF PATRIOTISM. 



THE Count de Sigur, in his life of Fred- 
erick William II. in allusion to Malesherbes^ 
who was selected for one of the professional 
advocates of Louis XVI. before the Revo- 
lutionary Tribunal observes ; " We cannot 
** pronounce this name without respect, nor 
" without shedding tears of sorrow and ad- 
" miration. 

" Virtuous without pride, learned without 
" pedantry, a minister without ambition, this 
^" illustrious magistrate, the frxend of men^,- 

L 



122 THE REPUBLICAIC. 

**-of the laws, of letters, and the arts, distiii- 
" guished in every way, and never deviating 
" from true glory, was ever the supporter of 
^* the people, whilst the King was powerful 
*' in his palace ; he never became a courtier 
>*till the moment the prince was in prison. 
" The supporter of national liberty against 
" the abuses of the monarchy, and the de- 
** fender of the monarch against popular 
" tyranny, his probity remained uncontam- 
" inated in the midst of general corruption ; 
** his courage unshaken when fear was uni- 
** versal. He perished while crime reigned ; 
** the most heroic death crowned the most 
" noble life, and the infamous scaffold, 
*^ which he ascended without emotion, was 
*' the last point from which his pure soul 
^* rushed towards immortality." 

What a beautiful description is this of ele- 
vated patriotism ! And among the virtues, 
which ought to adorn the character of every 
good citizen, patriotism or love of country 
is not the least. An ardent attachment, on 
the part of the people, towards their country, 
is an invaluable resource to the nation, in the 
hour of difficulty. It w^as the operation of 
this exalted virtue, which induced Warren 
tQ offer up his life for his country; and to 



THE REl'UBLICAiSr. 123 

exclaim the evening before the fatal day^ 

"Dulce et decorum est, pro patria mori.''* . 

That true patriotism and integrity of char- 
acter are intimately connected, needs no ar- 
gument to demonstrate : the example of the 
virtuous Malesherbes, represents this union 
in the most affecting colours. And Warrenj 
the American Leonidas, over whose grave 
every patriot sheds a tear, beaming with sor- 
row and admiration, I^ved his country with 
the helfrt of an honest man. 

Whatever has a tendency to promote pixt- 
riotism, has a tendency also to elevate and 
reiiue morality, and to extend the inOucnce 
of benevolence. And whatever has a ten- 
dency to render men entirely selfish andsor^ 
did imperceptibly depraves their moral sense, 
and banishes from the heart every patriotic 
affection. 

In every state and nation, where the public 
iiiterest has been consulted, agreeably to the 
dictates of true wisdom, patriotism has been 
fostered and cherished, and whatever has had 
a tendency to weaken it, has been discourage 
ed, as dangerous in its consequences to po» 
litical society. In free and republican states, 
the advantages of patriotism are peculiarly 
iTianifest. 



]24 thje: repctblican-. . 

i 

The ponderous Jind oppressive n^achiiaery 
of a monarchy, may be sufficient to govern 
and control the people, after patriotism is 
extinguished. A vis"orous monarch mav, 
not only defend his subjugated vassals from 
foreisrn attacks ; but, he may lead an aliena- 
ted people to new conquests : but what will 
be the situation of a republican state whoi 
tiie patriotism of the people is extinguished ? 
It need not be answered, that weakness and 
distraction will ensue. # 

The patriotic feelings cf a people may be 
^veakcncd or destroyed in various ways : 
they may be enervated 'by luxurj', and des- 
troyed by oppression. Nor are tliese the 
only causes, by which they may b'e aiFect'- 
ed ; the attacks of direct corruption may 
pervert their operation ; and trade, com- 
merce, and speculation, may lull ihem to 
sleep. \\ however, patriotism and fidelity to 
country are assaulted by the direct attacks of 
corruption, made upon any of our citizens, 
it may be difficult to detect it : but we hnve 
the consolation to think, that a foreign influ- 
ence, exerted in this way, can have but a 
yery partial and restricted operation, in point 
of time and sphere. In P^urope, where the 
political agejicy of an individualj may have a. 



•the: repuelica.\% 125 

predominating and permanent influence in 
public affairs, di is mode of corruption has 
been resorted to with effect. 

With a view of securing the friendship of 
the Enghsh Henry the Eighth, previous 
to the breaking out of hostilities, between 
the Emperor Charles the 5th of Germany^ 
' and Francis the first, King of France, the 
Emperor bribed Cardinal Wolsey with an 
annual stipend of about fourteen thousand 
dollars, (a) 

It is said, and there appears to be no doubt 
of the truth of it, that Charles the second, 
was for many years in the pay of Louis the 
fourteenth. Nay more, the French mon- 
arch, knowing the King's disposition for 
gallantry, in order to detach him effectually 
from the Triple league, sent him a French 
mistress, by the name of Querouyaille, who 
ingratiated herself, so thoroughly, with the 
English monarch, that he created her Dutch- 
ess of Portsmouth, (h) In consequence of 
bribes of this description, Louis the 14th al- 
ways retained an obvious ascendency over 
the British King and Government \ and in- 

Ca) Robertson*s Charks 5. vol. 2. 65. 

fh) Hume's Reign Charles 2d.. 

' I o ■ 



126 THE REPL'BLICAxV. 

deed, he could well afford to pay a handsome 
price, as well as a handsome woman, for 
such an ascendency ; on account of the ex- 
tensive power of the English sovereign, in 
all questions of peace and war. 

But a foreign power would gain nothing 
by bribing a single individual in this coun- 
try, no matter how elevated his situation. — > 
In order, by corrupt means, to induce the 
nation to make a war, the national legislature 
must be corrupted : and to produce a peace, 
by the same means, it would require a suc- 
cessful experiment, upon two of the highest 
branches of the Federal Government. And 
after all, should the Legislature chance to'-be 
so singularly situated, (it is conjecturing^n 
extreme case) that the application of a bribe 
to a few individuals Would produce the ef= 
feet desired, bV" a foreign power; still, -an 
influence of this kind, would be entirely des- 
troyed, on the recurrence of a new election ; 
>vhen public opinion, operating through the 
apedium of a new Legislature, would destroy 
the works of iniquity. 

Besides, the Constitution itself, has inter- 
posed a guard against the dangers, which 
may be apprehended from the attacks of for- 
eign corruption, by declaring in the 9th Sec- 



■'the republican* 127 

tion, of it, that, " no person holding any of- 
** lice of profit or trust, under them (the Uni- 
*' ted States) shall without the consent of the 
** Congress, accept ofarty present, emolument, 
*' office, or titleofany kind whatever from any 
*' King, Prince, or foreign state." 

It is riot, therefore, from the attacks of di- 
rect corruption, operating upon any branch" 
es of the government, that the American peo- 
ple are to apprehend any serious danger : — 
But a foreign influence to produce any sen- 
sible and permanent effect must be exerted 
upon the people at large, through the medi- 
um of their sentiments and interests. -Mr 

• 

Hamilton has remarked, that we ought liol to 
imagines that a foreign influenee ©an only- 
make its approaches in the gross form of di- 
rect bribery : but that it is most to be dread- 
ed when it insinuates itself under the patron 
age of our passions, and under the auspices 
of our natural prejudices and partialities, (c) 

The literary productions of a foreign 
country, particularly if artfully written, in 
our own language, will have no inconsidera= 
ble effect in assimilating our notions and 
sentiments to those of its own ; and in this 
way public opinion may be, by degrees, im^ 

fcj Pagiiicus. " 



12B THE REPUBLICAN. 

perceptibly warped to the purposes of a foi-^ 
eign state. But the vigilence of the People, 
and the spirit of independent and enlighten- 
ed criticism, if properly exercised, will, of 
themselves, be sufficient to counteract such 
a mode of attacking the principles and virtue 
of the people. 

It will be found however, more difficult to 
counteract the influence, which a foreign pow- 
er may exert over the minds of the people, 
through the medium of their interest. Inti- 
mate commercial connections, of all things, 
are the most efficacious, in creating danger- 
ous partialities : and where the interest of a 
great portion of a people, are inseparable 
from an unrestrained intercourse with a for- 
eign power, it will be difficult to make them 
acquiesce in the disruption to! the tie. The 
political sentiments ol such a people, will be 
honestly and naturally tinctured by their in- 
terests ; and through them, a foreign influ- 
ence may be imperceptibly exerted. An in- 
fluence of this kind will not be corrupt ; it 
will be the natural consequence of those bi- 
ases, which nature has implanted in the hu- 
man heart. Neither does it matter, whether 
the commercial intercourse, which is the 
source o£this influence, be profitable and ad- 



THE REPirBLlCAN-. 12,9 

vantageous to the whole nation, or not : ma*n- 
kind are more apt to look at their immediate, 
^than to general and ultimate interests ; and 
disposed to flatter themselves^, that their pri- 
vate advantage is always an item, in the ac- 
count of public benefits. Indeed the oper- 
ation of commercial transactions, is general- 
ly, so exceedingly complicated, that but few 
are capable, or disposed to contemplate them, 
in a national point of view. Each individu- 
al, dazzled with his own prospect, is borne 
along upon the golden current, regardless of 
the general interest ; and the hectic flush of 
an illusive commerce, being sometimes mis- 
taken for the glow of health, the nation is 
supposed to be prosperous, while its best f€- 
sources are drained, and to invigorate a for- 
eign power. Yet these consequences, not 
being sufficiently comprehended, public o- 
pinion recoils at the prospect of separating 
the golden cords, which apparently unite two 
nations, upon the basis of reciprocal advan- 
tage. 

In addition to a commerce, apparently 
so advantageous ; if the foreign state has it 
in its power, through the intertention of its 
merchants, to supply the citizens of the oth- 
er gtate, at long credits, and with large cap- 



130 THE REPUBLICAN. 

itals ; what can be more efficacious and faci- 
nating ? These credits and capitals are dif- 
fused by the great importers and merchants 
over the interior country ; and in their ram- 
ifications, reach every trader in the nation ; 
each of whom, derive some benefit from 
them, in their communication with their cus- 
tomers, and all are ready to exclaim, " great 
'* is Diana of the Ephesians !" And this ex- 
clamation is perfectly honest ; it proceeds 
from no corrupt motive ; but on the contra- 
ry, naturally results from those feelings and 
principles, by which the human heart is al- 
ways actuated. 

It is not to be expected that a people, thus 
circumstanced, will be over ready to seize 
the §word to vindicate 6r maintain national 
principles, at the expence of their own 
private pursuits : but such a people will be 
more apt to temporise, than to resist at ohce^ 
encroachments upon their independence. 

It is therefore a serious question in poli-. 
tics, whether it be not one of the duties of a 
wise and provident government, to guard a 
nation by skilful expedients, against an influ- 
ence which may be so dangerous and embar- 
rassing. And this question would be doub 
ly important^ should it ever appear, that tbc 



THE REPUBLICAN-. 131 

commerce, which may be the origin of such 
an influence, is unproductive to the nation, 
and in hostility to its manufactures. 

It is acknowledged throughout, that a for- 
eign influence of the description alluded to, 
may exist among a people without, necessa- 
rily, bringing along with it a corruption of 
morals : but though a fair and unsuspecting 
maiden, may be pure as snow, notwithstan- 
ding the transient caress of a gay and facin- 
ating libertine ; yet, her virtue might be en- 
dangered, by lepeated familiarities. 



OF THE LIBERTY OF THE PRESS. 

IN pro "oting the cause of piety, knowl- 
edge, morality, and patriotism, the press 
may be eminently instrumental : it is in- 
deed the great medium, through which piety 
and knowledge may be diffused, and the 
principles of morality and patriotism dis- 
seminated. Its freedom, therefore, ought 
to be secure in every republican state. 

A free and fair discussion of the qualifi- 
cations of public men, and of the tendency 
aji character of public measm-eSy is lik% 



132 THE REPUBLICANr 

wise beneficial to a republican community ; 
and whatever truths are published concerning 
cither, are perfectly justifiable, upon grounds 
of policy and justice. 

A free press has a direct tendency to make 
those, placed in authority, circumspect in 
the discharge of their duty. It is in the 
newspapers, and other publications, that the 
merits and demerits of public measures, are 
liable to be freely enquired into : and here 
bad laws, as well as bad legislators may be 
exposed, and good laws and good public of- 
ficers commended. The press is, indeed, 
the guide of public Qpinion, in free states ; 
and it deserves to be conducted upon the 
most free awd liberal principles. 

But the liberty of the press ought never to 
be abused v nor does its perfect freedom im- 
ply a licence topublish untrue, and perverted 
accounts of public affairs. The public good 
surely, cannot be promoted by the circula- 
tion of falsehoods, nor are the public bene- 
fited by anonwnous publications respecting 
particular transactions of individu \ls. If 
such attacks are encouraged, in free states, 
liberty degenerate* into licentiousness, and 
private men are frequently subjected to iina-. 



tat RE PUB Lie A K-; 133 

putations, and calumnies, for vyhicli their is 
no adequate redress. 

When private individuals are chargeable 
with particular immoralities or crimes, a 
public newspaper is hot the proper place to 
arraign them, but the accuser will act with 
more propriety, by prefering his complaint 
to the magistrate, or the grand jury. When 
this method is t«ken, the party accused, has 
a fair opportunity of confronting his accus» 
ers, and of exculpating himself, if he is im- 
properly charged. But, he has not this op- 
portunity when the news papers contain 
vague, and insinuating imputations to his 
prejudice. 

Montesquieu observes : " If they who ae- 
*Vcuse a person, did it merely to serve the 
" public, they would not carry their com- 
** plaint to the Prince, who may be easily pre- 
^^judiced, but to the magistrates who have 
*' rules that are formidable only to calumnia- 
"tors." 

Upon the whole, the press may be usefully 
employed in discussing the general moral, and 
political characters of public officers and can- 
didates for office ; and also, the nature and 
character of public measures ^ b^ it is pros-* 

M 



134 THE REPUBLICAX, 

tituted when it descends to the propagation 
of particulars slanders and scurrility. 

From these observations it results, that 
the editors of periodical publications, and 
news papers, have a delicate and responsible 
duty to discharge, towards the public. — 
They are indeed, in this country the super- 
visors, and inspectors of the press ; their 
high office therefore, deserves to be dischar- 
ged, with the strictest regard to truth and de- 
cency. Avoiding all calumnies, and as much 
as is possible, the publication of particular 
charges against individuals, the editors of 
literary, and periodical publications, ought 
to endeavour, to disseminate correct opin- 
ions, and yirtuous, honourable, and high 
minded sentiments, among their readers, aud 
the people. 

If the press is conducted with views of an 
opposite character, it misleads and demoral- 
izes the community ; it becomes the parent 
of falsehood and prejudice. Indeed it puts 
the people frequently in opposition to their 
best friends, and renders them the dupes of 
demagogues and deceivers. 



THE REPUBLICAN. 135 

IISSAX Til. 

OF THE EXERCISE OF ELECTIVE RIGHTS. 

IF it be true, that virtue and knowledge^ 
are among the moral pillars of a republican 
state, the people at large, ought to bear in 
mind this truth, in a particular manner, when 
they are called upon to exercise their elec- 
tive rights. If the people, who are the 
sources and fountains of power, vpte igno- 
rantly and without any regard to principle 
and duty, licentiousness will be the offspring 
of liberty, and the streams of corruption, 
will overflow every department of the goV^ 
ernment. 

In the observations w^hich we shall make 
|n reference to the subject proposed, we 
shall endeavour to notice a few of the pre- 
cautions, necessary to be observed, in ordet' 
to ensure the utility of our civil establish^ 
ments, and to advance, among the people, 
generally, a respect for virtue and a love of 
knowledge. 

Before we proceed, however, we will 
premise that but few things can present a 
more exalting spectacle, than an assembly of 
free and intelligent beings, the source of all 



lS-6 THE REPUBLICAN* 

political power^ convened for the purpose of 
delegating a portion of authority to their 
public agents. And when it is considered, 
that upon a wise and upright administration 
of our public affairs, depends the security of 
our lives, liberty, and property ; both the 
suggestions of pride and of interest, as well 
as of moral duty, conspire to impress upon 
our minds, the vast importance of an intel- 
ligent exercise of our elective privileges. 

The enjoyment of an elective govern- 
ment vAll prove only a vain illusion, if the 
people squander away their sovereign au» 
thority, by placing it in impure or insufficient 

Hands. And little will the exertions of our 
Withers, who so nobly established the inde- 
pendence of this country, avail, if their de^ 
scendents are not true to themselves. 

In the discussion of this important sub- 
ject, we shall in the first place, take into 
consideration the responsibility of those^ 
whose duty it is, in the first instance, to de» 
cide upon the qualifications of voters. 

And secondly, we shall consider the duty 
of the citizen, in the exercise of his elective 
rights. 

It is of the greatest importance, both to 
morality and liberty , that those, whose duty 



^ 



jl is to decide upon the quarifications of vot- 
ers, should be impartial, and upright men. 
When officers, called upon to determine the 
ouaiifications of voters disregard- the trust 
reposed in them, and admit or reject appli- 
'ii:nts, ' ader the influences of party feelings, 
the i;g'us of the people are invaded ; the 
genuine citizen is in a measure disfranchise 
ed ; and the fountains of legitimate author- 
ity are vitiated. Nor, are these all the evils 
which resiult from such derelictions of duty, 
since the public morals are corrupted by the 
examples they exhibit. If the \^vy mean- 
est of the citizens, conscious of his own 
incompetency, perceives, when he offers 
himself as a voter, the respectable officers 
of the people, willing to be gulled into a be 
lief of his qualifications, what will be his 
opinion of the state of public morals ? Nay, 
what will children think of the integrity of 
their parents, when scenes like these pass in 
review before them ? It is needless to re- 
mark, that examples of this nature will have 
a pernicious effect upon the moral senti- 
ments of the community. 

While on the on.e hand, those who are 
selected to decide upon the qualifications of 

VL 2 



138' THE HEPViitlCAM, 



J o 



voters, ought to be vigilant to exclude every 
unqualified pretender to the right of suf- 
fra£>:e ; thev oudit. on the other, to be ex- 
tremely careful not to deprive any citizen of 
his elective rights. In the exercise of this 
authority, however, doubtful cases will some- 
times arise, and it is better, when such occur 
to decide in favour of the right of suffrage, 
than against it ; because it is more agreea- 
ble to the spirit of republican institutions to 
iavour^ than to restrain the right of voting. 

This brings us to the examination of the 
ficcond point proposed, viz. The duty of 
the citizen, in the exercise of his elective 
visits. 

In the selection of public officers, the elec.^ 
tors should have a careful regard to the tal- 
ents, integrity and principles of the candi- 
dates ; scrupulously avoiding the choice of 
such, as aim to aggrandize themselves, at 
the expense of their constituents. The in- 
dividual who descends to intrigue, in order 
to insure his preferment, betrays such a des* 
titulion of modesty, as naturally begets a 
contemptuous opinion of him, in every ele- 
vated mind. And such a person, may be 
justly suspected of being much more in love 
with himself, than his country. In flict, he 



THE reC%blicaw. 139 

cannot be suspected of a great portion of res- 
pect for his constituents, who is willing to 
raise himself upon their sholders by mean 
artifices, and demoralizing examples. 

Men who are thoughtless, in the man- 
agement of their own concerns, are generally 
to be suspected of a disposition too lavish, in 
regard to the affairs of the public. But, 
notwithstanding this, there are men capable 
of paying such strict attention to public af- 
fairs, as to neglect their own concerns : 
and history affords many examples of indi- 
viduals, who, after having spent laborious 
Jives in the service of their country, have 
died pennyless, and been buried at the pub- 
lic expence. But while the people have 
reason to doubt the usefulness of such pub- 
lic agents, as indicate a thoughtless and 
prodigal disposition, in regard to their own 
affairs ; they have grounds to suspect, also, 
the good sense, or sincerity of those, who 
are continually prating about economy. Let 
us recollect, that economy is one thing, and 
parsimony another. While the public mon- 
ey should never be unnecessarily disposed 
of, our representatives should never refuse 
their assent to pecuniary appropriations, with- 
in the ability of the country, which the hoiv 



140 THE REPUBLICA.V. 

our, justice or interests of the nation require. 

Simplicity of life and manners, are highly 
agreeable and commendable in all, but par- 
ticularly so in those, who are called upon to 
fill elevated stations in the Commonwealth. 
It is not intended, however, to recommend 
the coarseness, of the Spartan habits, as a 
passport to office but only to discountenance 
the introduction of that luxury and effemin- 
acy, which sapped the foundations of Grecian 
liberty, and facilitated the decline of the Ro- 
man Empire. *' Indeed," as Plutarch re- 
marks, " a good man, a valuable member of 
** society, should neither set his heart upon" 
" superfluities, nor reject the use of what is 
" necessary and convenient." 

The individual who forms his opinions of 
the expediency, or inexpediency of public 
measures, on party grounds, and with a view 
to party interests, may prove an excellent 
partizan, but, there will be always reason to 
suspect, that he may, in the end, prove an 
unprofitable public servant. Zealots in pol- 
itics, and enthusiasts in religion, are apt to 
carry matters to extremes, and in driving at 
the security of a party or sect, to lose sight 
of the true and substantial interests of their 
adherents, and follow^crs* To encourage 



THE REPUBLICAN. 141 

•apathy and indifference, in regard to matters 
of public interest, would be wrong on the 
other hand : we aim, therefore, only to re- 
commend a liberal, firm , but dispassionate ex- 
amination of men and opinions, as being the 
best calculated to promote a judicious exer- 
cise of our elective rights. 

As the preservation of peace, is generally 
for the happiness of civil society ; and as the 
love of it, naturally prevades the heart of eve- 
ry good citizen; those who are entitl ed to 
the public confidence, ought to have every 
disposition to ciierish ana maintain It, sC lOng 
as it can be done, consistently with the hon- 
our, and interests of the nation. A blind 
and unqualified attachment to peace, howev- 
er, cannot be esteemed a recommendation 
^or public employment ; for whenever the 
exigencies, and honour of the country require 
an appeal to arms, it would be weakness and 
cowardice to decline the contest. 

In effect, honest, intelligent, and determine 
ed men only, deserve the public confidence ; 
and there can be no danger, in placing such 
in the state or national councils. 

By honesty, however, is not merely inten^ 
ded that moral quality, which, so frequently 
manifests itself, in the transaction of private 



142 THE BEPUBLICAN, 

affairs ; but that description of political iir- 
tegrity is meant, which spurns at the sug- 
gestion of profiting individually, at the pub- 
lic expence ; and which is proof against eve- 
ry species of intrigue. Such was the honese 
ty of Fabricius, andsu^h was the integrity 0/ 
Washington. 

The share of intelligence, and information 
requisite, in a public agent, must necessarily 
vary according to the station,, which he is de- 
signed to fill. It is not every man, however 
good his natural parts may be, who is quali-s. 
fied to devise or improve a system of com- 
mercial regulations ; mv can every individ- 
ual, at once comprehend the abstruse and 
subtle operations of the national finances. A 
thorough knowledge of international law, of 
the history of treaties, and diplomatic pro- 
ceedings, as well as an accurate acquaintance, 
with the national affairs, are indispensable to 
those who occupy the higher situations, in 
the national government. Generally, how- 
ever, such an understanding of the nature of 
the government, and of the interests of con- 
stituents, as will enable a representative of 
the people, to consult the interests of the one 
agreeably to the principles of the other, will 
be found sufficient. It happens frequently. 



THE REPUBLICAN. 143 

that men endued with sound minds and a Res- 
pectable share of information, are excellent 
judges of the utility and fitness of mea^r 
ures, which they might not have confidence 
sufficient themselves to recommend. 

By determined men, those are to be un- 
derstood who will never waver, in a resort 
to measures, which honesty and good sense 
recommend for the public advantage. In 
short, when men possessing such qualifica- 
tions and characteristics, can be found, for 
the transaction of public affairs, the elector 
need not ask, whethe^ they are rich or poor 
merchants or farmers, doctors or lawyers ; 
whether they are episcopalians, methodis^s^ 
or baptists. 



OF THE CHARACTER AND QUALIFICATIONS OP 
OUR JUDICIAL OFFICERS. 

A PROMPT and vigorous administra- 
tion of public justice, is intimately connect- 
ed wdth the cause of morality ; and nothing 
is more essential to the preservation of true 
liberty, than a wise, upright, and indepen- 
dent admiii^istratiou of distribntive justice., 



144 THE REPUBLICAN. 

In vain will a people possess good laws, if 
they are suffered to sleep in the statute-book, 
or if when their application is called for, the 
judges misapply, or corruptly administer 
them. A delay, also, in the administration 
of justice is highly prejudicial to those, who 
require its aid ; for what signifies justice in 
the abstract, if individuals, suffering under 
wrongs, and injuries, cannot have a practical 
application of it, to their various exigen- 
cies. 

These considerations, alone, are sufficient 
to satisfy every reasonable man, that our ju- 
dicial tribunals, ought to be composed of 
men of great learning and integrity. The 
various relations which each individual sus- 
tains in society, such as that of citizen, fa- 
ther, son, wife, daughter, master, servant, &c. 
call for a great variety of legal principles and 
rules, to limit and regulate each of them : 
and when the rights of property, and their 
various modifications, are considered, in 
connection with the infinite variety and 
shades of contracts, obligations, and injuries 
it must be apparent, that the rules and prin- 
ciples applicable to all, are very extensive. 

To understand the nature and application 
of these rules^ in reference to cases, as they 



THE REPUBLICAN. 145 

may arise among men, must require much 
learning and study. And it is upon the 
same principle, that an individual ought to 
employ a skilful, and well educated house° 
Wright to build his house, that the public 
ought to employ m^n, learned in the law, to 
preside in their Courts of Judicature. 

By learned judges the public business is 
more speedily and satisfactorily dispatched ; 
because, the rules and reason of law being 
familiar to them, the application of the rule 
is prompt, and the reason for it rendered 
satisfactory. 

Whoever has presented a watch to a skil- 
ful workman for repair, has doubtlessly per- 
ceived how readily the artist has detected 
the difficulty, by which the machine has been 
disordered, and the wonderful facility, with 
which he has applied the various tools, little 
and great, spread around him, in restoring 
the regularity of the work. In like manner^ 
the skilful judge, when a controversy is pre^ 
sented to Mm for trial, perceives the legal 
point upon which the case turns, and apply- 
ing the legal principles, which may be said 
to be the tools ot the judicial officer, the 



146 THE REPUBLICAN. 

L.-w is administered upon the facts proved, 
satisfactorily and without delay. 

That judges, of all men, ought to be up- 
right and impartial is incontrovertibly true. 
A corrupt judge is dangerous to community, 
and the more learning he has, the greater the 
danger to be apprehended from him. A 
dexterous misapplication of the law, suc- 
cessfully perverts justice, and while the sui- 
tor is dazzled with a parade of legal erudi- 
tion, he groups in vain after a satisfactory 
reason for the determination of his case. A s 
well may a case be hazarded, according to 
the notion of an illustrious man,|^«^ upon a 
game of cross and pile, as upon the decision 
of a corrupt judge. Indeed, the trial by 
jury is but a feeble barrier against the arts of 
such a magistrate ; since the jury are bound 
to follow his directions in matters of law. 

It results therefore, that a correct admin- 
istration of justice, requires learned and up- 
right judges. 

In order, that the states may be blessed 
with magistrates of this character, men 
whose reputations have been long estab- 
lished, for integrity and purity of conduct, 
oudit to be selected. Such men afford to 

CaJ Mr, Jefferson. 



TEE REPUBLIOAN. i4j 

the public, a satisfiictory^ pledge, for their 
future perseverance, in tlie same laudable 
courses, by which their reputations have 
been established. But even a pledge of this, 
kind mav not always be sufficieot for the 
public security : for in addition to learning, 
and an upright mind^ a judge ought to be as 
independent in his situation as possible. 

If a judge holds his office at the will of the 
sovereign, the subject is not perfectly safe ; 
for however upright the magistrate may be, 
his dependent situation has a tendency to 
warp his integrity, and to render him too 
subservient to the authority, upon which he 
is dependent for his daily bread. 

In like manner, if a judge holds his office 
at the will of the people, his opinions are li- 
able to be improperly influenced, by the 
tides and conflicts of party ; and placed in 
such circumstances, he may veer his opin- 
ions, in particular cases, with a view to the 
security of his place and living. 

While the British judges were entirely 
dependent upon the crown, for their places^ 
their decisions were frequently accommodat- 
ed to the inclinations of the sovereign. The 
artificial machinery of Fines and Recoveries, 
so well known among lawyers, wa^ a palpa« 



148 THE REPUBLICAIw 

ble evasion of the - uite De do?m, the bet- 
ter to enable the inonarchs of the age to 
trench upon thr privileges of the nobility. 
The ridicLiloLTs decision, made in the time 
of James I. denying the subject the right of 
expauiation, under any circumstances, was 
probably intended to flatter, in some meas- 
ure, the speculative and arbitrary notions cf 
' that weak, and pedantic prince. Those who 
are acquainted with the history of the an* 
cient judicatory' of England, will not be at 
a loss, to supply numerous other instances, 
of a departure from the true intent and 
meaning of the laws, for the gratification of 
the sovereign. 

Instances of this kind will necessarily oc- 
cur, in every country, where the judges are 
dependent upon the sovereign, or people ; 
and no guard can be interposed against their 
recurrence, so efiectual, as the complete 
independence of judges during good behav- 
iour. 

It is not however necessary to fall into one 
difficulty, in order to avoid another. It is not 
consonant to reason, that judges should hold 
their offices, after the infirmities of old age, 
have disqualified them for the execution 
of them ; nor that they should be place! 



IKE RETVBLlCAn. 149 

fjeyond the reach of impeachment, for cor-- 
nipt conduct. It is only requisite, that so 
long as they continue to discharge their duty, 
with ability and integrity, they should be 
beyond the reach of party. Party ought to 
have nothing to do with them, in the course 
of their official duty, or they with party i 
they ought to stand as consecrated men 
around the alters of justice, to whom the in™ 
jured may By for redress, and the oppressed 
for relief. 



©N THE DUTY OF THE PEOPLE, IN RELATION TO 
THE ADMINISTRATION OF JUSTICE. 

BUT, after all, we are not to rely entirely 
upon upright, learned, and independent judg- 
es, for a correct administration of justice. 
The people, acting in the capacity of jurors 
and witnesses, have high and responsible 
duties, and obligations to discharge. 

The institution of grand juries, is admi- 
rably calculated to insure the executien of 
thQ laws, witlioot endangering the liberties 
©f the people : and those citizens who are 



THE REPlTBLlCANo 

called upon to perform the duty of grandi 
jurors, have an- important trust confided to; 
them. 

If those, who are legally called upon and 
sworn to present for trial the crimes and 
misdem'eanors, which have been committed; 
or brought to their knowledge, are wanting 
m firmness and impartiality, the higher of- 
ficers of the court cannot be censured, if 
crimes escape unpunished. The grand 
jurors of our country, are the representativea 
of the people, for the particular purpose of 
bringing to trial all persons guilty, or strong- 
ly suspected to be guilty of any high crimes 
or misdemeanors : and the duty assigned to 
them ought to be performed without malice, 
fear, favor, affection, or hope of reward. — - 
Unless it is, public justice can never be suf* 
iiciently and suitably vindicated. 

The juries of trials, have, likewise, im- 
portant parts to act, in the administration of 
justice. They are the judges of facts, in ev- 
ery case ; and in deciding them, they have,, 
necessarily, to take into consideration the 
credit due to the witnesses, upon whose tes- 
timony the facts depend. It is their duty to 
take into deliberate consideration the whole 
testimony, in connection v/ith the cl]aracter, 



THE REPUBLICAN. 151 

appearance, and manner of testifying of eaeh 
witness, produced upon the stand before 
them ; and upon a cool, and dispassionate 
estimate of the whole, exckiding every thing 
which has not been in evidence before them, 
to make up their verdict with the most scru- 
pulous regard to their oaths, and agreeably 
to the law, as it may be pomulgated from 
the bench. 

The witnesses too, who are called upon to 
testify in causes between party and party, or 
between the government, and any person on 
trial for a public offence, have a very impor- 
tant duty to perform, towards their Maker, 
and their fellow creatures. With the oath 
of God upon them, they are called upon to 
tell the truth, the whole truth, and nothing 
but the truth, in relation to the cause upon- 
trial ; and neither the love or fear of man^ 
should operate to swerve them, from the 
path of duty, which lies plain before them. 

False or colored representations of faets^ 
on the part of witnesses, have a direct ten- 
dency, to pervert justice. The most enlight- 
ened and learned judge, assisted by an im- 
partial and intelligent jury, cannot, at all 
times, bring about justice^ in causes, where 
the trutli is discoloured, or suppressed by 



152 THE REPUBLICAN. 

artful, corrupt, and disingenuous witness- 
es. 

In order, that improper biases, and par- 
tialities, may not impede a fair disclosure of 
the truth, in our judicial courts, every indi-- 
vidual called upon to testify, ought to reflect, 
that he is not the witness of A, or of B ; 
but, that he is called upon,, merely, to declare 
the truth between them. A v/itness who 
suffers himself to wish, that one of the par- 
ties litigant, may be successful, and that the 
other may be defeated, comes into court, un- 
der an improper disposition of mind, to de- 
clare the truth : he is liable to be misled by 
his partialities and feelings. In like man- 
ner, the witness who suffers any resentments 
he may foster, towards a party in a cause, ta 
operate in his mind, while he is representing 
his knowledge of the transaction in question, 
will be liable to err, in his narrative, to the 
prejudice of his enemy* In short a witness 
coming upon the stand to testify, ought to 
leave at the door his friendships, and his re- 
sentments ; he ought to consider, that the 
ground upon which he stands is holy ; and 
that the all-seeing eye of God, is upon him* 
Placed in this situation, he ought to tell the 
truth, precisely as the knowledge of it^ ex- 



THE REPUBLICAN. IBS 

ists in his mind, without extenuation, or ex- 
aggeration. 

From what has been remarked in this and 
the preceding essay, this general inference 
may be drawn : that, so long, as we have 
wise, upright, and independent judges, im- 
partial and intelligent juries, and honest and 
ingehuous witnesses, our courts of law wfll 
b€ the temples of justice* 



CLASS II. OF PART II 



GENERAL THOUGHTS ON THE NECESSITY OF SUIT- 
ABLE MILITARY AND NAVAL ESTABLISHMENTS. 

TO the benevolent mind it must be a sub» 
ject of deep regret, that the conflicting inter- 
ests, and passions of mankind, too frequently, 
produce wars among nations. Far happier 
would it be, if the great human family, was 
perpet'jally under the suid^ince of philau- 
throphy and justice, so that our swords could 
be beaten into ploughshares, and our spears 
into pruning- hooks. That a halcyon period 
like this, may soon arrive, when peace shall 
cover the earth, as the waters cover the seas? 
and when man shall learn war no more, is de- 
voutly to be wished. But under the exist- 
ing circumstances of the world, while war is 
sincerely to be deprecated, it is nevertheless, 
the duty of wise nations to be prepared, in 
some measure, for the recurrence of the ca^ 
lamity. 

Indeed, those nations, which are truly en- 
titled to the charactercf sovereign states, pos- 



THE REPUBLICAN. ISB 

sess the power of maintaining, and defend- 
ing their rights and possessions : and the na- 
tion, which is incapable, in these particulars, 
may be nominally, but is not, in reality, in- 
dependent. Arms and the laws, are the ef- 
ficient defenders, and preservers of states, and 
commonwealths ; and, whenever a nation re- 
lies upon one, and neglects the other, it will 
probably fall a prey to enemies without, or 
anarchy within. 

Alexander the Great, Zengis-Khan, and 
Tamerlain, rank, in history, among the great 
conquerors of mankind; but the judicious 
reader will perceive, that the victories of these • 
chieftains, are to be imputed, among other 
things, to the feeble, and enervated condition 
of the nations, which they overrun. In more 
modern times, however, an equality in disci- 
pline and preparation, has been attended with 
different results ; and the conflicting arms of 
Eui ope, have demonstrated, during the last 
three or four centuries, the difficulty of con- 
quering a well organized state. 

Reason teaches us also, that a tame sub» 
mission to national injuries, is a surrender of 
national rights ; and history informs us, that^ 
the state, which quietly consents to be rob- * 
bed of 0K€ ri^ht. will soon have to lament the 



1S6 THE REPUBLICAN." 

loss of many more. Ambition and avarice, 
actuating one nation, have too frequently in- 
duced it to grasp at the rights and immuni- 
ties of other states: and where encroach- 
ments of this kind, have been tolerated, the 
consequence has generally been, the aggran- 
dizement of one state, upon the ruins of an- 
other. 

In 1772, Poland celebrated for the bravery 
and magnanimity of her sons, and which was 
once the abode of science and literature, was 
doomed to yield some of the fairest portions 
of its territory, to gratify the avarice, and ful- 
fil the designs of Catherine the second, Ma- 
ria Theresa, and Frederick the Great, The 
aggressions of these potentates, being sub- 
mitted to, proved only, the precursors of the 
political annihilation of the nation. In the 
year 1794, under the pretext, that French 
principles were diffusing themselves among 
the people, Poland was completely divided 
between Russia, Prussia, and Austria, in 
spite of the exertions of the valiant Koscius- 
ko. 

The United States, though far removed 
from powerful countries, and blessed by a 
happy peculiciity of situation, cannot expect 
to be always exempte^l from wars, the com- 



-THE REPUBLICAK". 15'7 

iHOn mi&fortune of nations. Avarice and 
Ambition may view with indiiFerence, if not 
with contempt, the width of the ocean, which 
separates this country, from the powers of 
the old world. Indeed, it is upon the seas, 
^o familiar to our enterprising citizens, that 
we are continually exposed to attacks and 
depredations. 

Reflections of this sort, as Well as the sol- 
emn testimonies of history, continually ad- 
monish us to profit by the precepts of Wash- 
ington, the father and friend of this country 
who warned us to keep ourselves, by suitable 
establishments, in a respectable defensive pos- 
ture» 

To follow this advice it is not indeed ne^- 
cessary, that large military and naval forces 
should be supported in this country, in time 
of peace : Such an army and navy, as may 
contain the elements, and machinery of large>^ 
establishments, will be found sufficient, for all 
useful purposes. But the state of olir mili- 
tia, and frontier fortifications, deserve great 
attention at all times ; for unless they receive 
the strictest attention in peace, they will be of 
little use in time of war. This important 
subject however, will be considered, more 

c- 



158 TkE REPUBLICAN. 

particularly, in the four following essays, in 
which it is proposed to consider separately, 
the militia, the army, the navy, and the fron- 
tier fortifications of our country. 



OF THE MILITIA. 



IN the United States, all the free able 
bodied men, between the ages of eighteen 
and forty-five years, with some exceptions, 
are liable to bear arms. This numerous 
class of citizen soldiers, are subject to be 
called out, into the service of the United 
States, to repel invasions, suppress insur- 
rections, and to execute the laws of the 
Union. They are, likewise, subject to be 
called forth, by the respective State Com- 
manders in Chief, for such purposes as may 
be within the perview of the constitution, 
and laws of the particular State to which 
they may belong. 

Under these leading arrangements, our 
militia system arrays a species of military 
force, which of all others, seems to be the 
most in accordance with the nature and 
spirit of our civil institutions : and we have 



THE RE'BVBLlCAUfy 159 

little to apprehend on the score of our liber- 
ties, from any forcible attempt to subvert 
them, while those, who are directly interes- 
ted in their preservation, have arms in their 
hands to defend them. A body of men so 
numerous, and capable of being so useful as 
our militia, merit the particular attention of 
both the state and federal government, in 
regard to their organization and discipline. 
Nor need it be doubted, that they are sus» 
ceptible of vast improvement, as a military 
force, after the flattering specimens of dis- 
cipline, which have been exhibited, in vari- 
our parts of the country, by particular corps 
of artillery, cavalry, and infantry. 

Although, it cannot be expected, that a 
force drafted, promiscuously, from all the 
walks and avocations of private life, and do- 
mestic retirement, can be in every respect^, 
calculated to undergo long tours of duty^ 
upon the footing of a regular army : yet, as 
our militia is distributed through the whole 
Union, no force, perhaps, can be better 
adapted to repel any sudden and hostile in 
vasion of our territory. It can be speedilf 
collected, and quickly directed to any point 
of attack ; and Bunker's hill and New- Or. 
leans, will be forever associated with th^. 



160 THE REPUBLICAxV. 

valor and patriotism of thiis description qf 
American troops. 

These considerations, so important in a 
xmtional p^int of view, are alone sufficient, to 
induce Government, to furnish every facility 
for the advancement and improvement of 
the miHtia system ; and to prompt every in- 
dividual, who possesses, but an ordinary de- 
cree of zeal and patriotism, to strive to be- 
come a well disciplined, and intelligent de- 
fender of the soil. It is no difficult matter 
to teach enlightened and enterprizing men, 
the use of arms, and something of the na- 
ture and utility of military evolutions. And 
in a country, therefore such as ours, every 
good and considerate citizen will feel a strong 
motive to improve himself, in these particu- 
lars ; considering how essential it is, to have 
a well disciplined militia for the protection 
and preservation of each state, and of the 
United States. 

The tenth legion of Julius Cssar, and a 
regiment of Picardy in France, we are told, 
were formed promiscuously from among the 
citizens : but having conceived a notion that 
•they v*'ere the best troops in the service, they 
ractuall^y became so. Such is the effect of a. 



THE REPUBLICAN. 161 

laudable pride and ambition, in regard to 
military affairs. 

With liberal and expanded views of the 
importance of the Militia, as a means of 
public safety ; every citizen should therefore 
do the duty of a soldier with pride and alac- 
rity. Public parades and reviews ought not 
to be considered, as vain and pompous pea- 
geants, calculated merely to fatigue the men, 
and puff the pride of officers ; but, rather, 
as necessary and serious preparations, the 
more effectually to enable, a hardy and inde- 
pendent race of freemen, to protect their 
houses and their homes, their wifes and their 
children, from the dominion of any foe, that 
may presume to invade a soil, consecrated to 
happiness and liberty. 

" Soon," said the immortal Washington, 
during our revolutionary struggle, " might 
" we hope to enjoy all the blessings of peace, 
** if we could see again the same animation 
" in the cause of our country inspiring every 
" breast, the same passion for freedom and 
*' military glory impelling our youths to the 
*' field, and the same disinterested patriot- 
;5' ism pervading every rank of men, as was 

2 



162 THE REPUBLICAN. 

** Gonspicuous at the commencement of this 
** glorious revolution." (a J 

We recur to this passage, to exhibit more 
strikingly the importance of cultivating a- 
mong of our citizens to a certain extent, a 
military spirit : a spirit by which alone the in- 
dependence of nations, under Providence, is 
to be sustained, (h) 

But, the efficiency of our militia, after all, 
depends much upon a proper and judicious 
selection of officers. It is, therefore, the 
duty of all who have any connection with it 
to realize the importance of this truth. 
Where active and well informed officers have 
been generally diffused, among the militia, 
the improvement of the soldiers has been 
rapid and perceptible. The men have re- 
alized the importance of the duty, which 
they have been called upon to perform, and 
have discovered a degree of military ambi= 
lion, which is the sure precursor of improve- 
ment. But, on the other hand, where neg- 
ligent and ill informed officers have been 
found, the direct reverse has always been re- 

Ca) Letter from Gen. Washington to Gov. Hancock, Gor- 
don's American War Vol, 3, p^e 299. 

. (hj Smith's Wealth of NatiSus, book 5, chapter 1, 



TH£ REPUBLICAN". 163 

marked : disorder and confusion have pre=. 
vailed ; and, on account of the officers, the 
militia service has fallen into contempt 
among the men* 

Those officers of the miliiia who are ac- 
quainted perfectly with their duty, and who 
execute it with neatness and despatch ; v, ko 
are not only able to direct readily the perform- 
ance of every field evolution, in the drill-book ; 
but who are, also, capable of pointing out the 
use and utility of each, in actual service ; will 
command the respect and esteem of their men^ 
Under such officers, each man connecting 
with his performances the idea of their actu- 
al advantages, as means of attack or defence, 
or as facilities to relieve the fatigue, or accel- 
erate the progress of marches, will take a 
pride and pleasure in their execution. But 
w-hen our citizens are herded together mere- 
ly to " train round" after three or four men, 
tricked out in regimentals, and who do not 
understand the use of the orders they give ; 
but merely tell them olF, as they have them 
by rote, out of their hand book ; it cannot 
be otherwise, but that men of sound sense^ 
in the ranks, will laugh in their sleeves, at the 
solemn blunders, which are every moment 
made. Mor can it be possible that officers of 



164 THE Rl;PUBLICAKr. 

this description can exact strict obedience 
from the men ; for those who entertain any 
notions of liberty, inwardly revolt at the idea 
of being obhged to obey such as are not qu^h 
ified to command. 

These remarks derive additional import- 
ance from a consideration of the expense of 
time and money, necessary for the establish- 
ment of a well organized militia. In the 
state of Massachusetts five days are appropri- 
ated to military parades, and for the purpos- 
es of drill; a serious consideration to a la-- 
bouring, or industrious man, when taken into 
view, in connection with the expense of his 
arms, ammunition, and accoutrements. If, 
therefore, at the end of the year, the citizen is 
no better qualified, as a soldier than he was 
at the beginning of it, setting aside the ad- 
vantage of his being prepared with arms ; it 
would be much better, both for him and the 
public, had his time been employed on his 
farm, or in his work shop, or about his ordi- 
nary affairs. 

But, a well organized militia, while it fur- 
nishes a safe guard against invasions, and a 
guarantee for the execution of the laws ; will 
be productive of other, and secondary advan- 
tages. In the ranks of the militia, our citi- 



i'HE REPITBLICAN. 16S 

zens will imbibe a proper degree of military 
spirit, together with a knowledge of the ru- 
diments of military tactics ; and hence^ from 
their ranks, may be speedily drawn, by ap- 
pointments and enlistments, thousands and 
thousands of well informed, and spirited offi- 
cers and soldiers, for the regular army, when- 
ever, the exigencies of the country, may re- 
quire an augmentation of the regular forces. 
Upon emergencies, also, the permanent reg» 
ular troops may be partially withdrawn ftoni 
the frontier forts and fortifications, and there 
places well supplied, by drafts from a regu- 
lar and well organized militia. 

But not to enlarge, too much, upon a sub- 
ject, which must be familiar to every intelli- 
gent mind ; it may be safely concluded, that 
no efforts to encourage and improve the mi- 
litia of the nation ; or to harmonise the 
rights of the United States, with the duties, 
of the respective states, in regard to its ser>. 
vices, under the provisons of the federal con- 
stitution, can be repugnant to sound policy^ 
or in opposition to the fervqnt desires of the 
people* 



166 THE REPUBLICAN, 

ESSaX 111. 

OF THE ARMY. 

ALTHOUGH the militia of this country, 
may be safely relied upon to repel any sud- 
den and unexpected invasion of our territory, 
and be esteemed the most appropriate peace 
establishment, for the nation ; yet, there are 
many good and sufficient reasons for keeping 
on foot, in time of peace, a small body of 
regular troops. 

The experience of mankind, and the opin» 
ions of the best generals concur, in estab* 
lishing the inferiority of militia to regular 
troops, for the regular operations of war and 
campaigning. 

We are informed that the regular army of 
Phillip of Macedon, conquered the gallant 
milities of Greece ; and that the Roman 
militia were unable to contend with the 
veteran troops of Carthage, commanded by 
Hannibal, at Trebia, Thrasy menus, and 
Canna. At the battle of Zama, however, 
fortune decided in favor of the Romans, un- 
der Scipio Africanus, whose troops, it is 
said, were more inured to service, than 
those of his Carthagenian adversary. 



THE REPUBLICAN. 167 

The result of the battle of Narva, where 
Charles XII. is said to have defeated eighty 
thousand Russians, with eight thousand 
Swedes, cannot be accounted for, unless by 
supposing the Svv'edes to have been greatly 
superior to the Russians, in point of military 
knowledge and discipline. But at the bat- 
tle of Pultowa, Charles contended with a 
Russian army, which he had beaten into dis- 
cipline, and the fortune of war, upon that 
occasion, turned in favor of the Muscovite. 
Indeed, it will be generally found, that where 
militia have overcome, or foiled regular troops 
in the open field, that their success has been 
owing to some extraordinary and enthusias- 
tic excitement. 

It seems, also, to be thought, that the sol- 
diers of a regular army, though they may 
never have seen an enemy, are but little in- 
ferior to such, as have seen much service. 
In proof of this, we have mentioned to us, 
the Russian army, which, after a long peace, 
was marched into Poland, in the year 1756, 
and there behaved with as much valor as the 
Prussian trroops, at that time esteemed the 
best in the w^orld. 

So, also, the behaviour of the British troops 
is mentioned to the same purpose, who., 



168 THE REPUBLICAN* 

after a peace of twenty- eight years, conduct- 
ed themselves with great steadiness and- 
bra\ery, before Carthagena, in tlie war witir 
Spain, in 1739. 

But although proofs of this kind are by no. 
means conckisive ; yet all will agree, that 
the great superiority of regular troops con- 
sists in their discipline, and military habits 
of life, faj 

To make a true soldier, the individual 
must not only be subordinate, and strictly o« 
bedient, but he must lav aside entirely the 
cares and habits of a citizen, and have noth- 
ing else to think of but the duties of his- 
profession. He must, in effect, come up to 
the notion which Paulus Emilius seemed to 
entertain ofa good soldier, when he remarked 
to those under his command, that each should 
keep his hand fit for action, his sword sharp, 
leaving the rest to their general. 

It is true that bravery and patriotism may 
be expected from the militia, when suddenly 
called out into the service of their country y 
but, as tliey cannot, without manifest incon- 
venience, forsake, for any length of time, 
their customary avocations, they are not well 
fitted for such military operations as require 

fa J Smith's Vv^'ealth of Nations, book 5, chapter I, 



THE REPUBLICAKo 169 

tame, patience and perseverance. Indeed, 
there can be no doubt, that in times of war, 
troops regularly enlisted into the service, 
will constitute a force the most convenient, 
and useful to the nation. If, therefore, regu- 
lar troops are necessary in time of war, it 
cannot be amiss to keep up a small establish- 
ment of them, in time of peace, for the pur- 
pose of preserving, at least, the machinery of 
a military system, and for the cultivation of 
the principles and practice of the military 
science. 

A complete knowledge of the art of war, 
is not to be acquired in a single campaign : 
and one must be long accustomed to the 
practice of military tactics, and the details of 
military duty, before he becomes a com* 
plete officer. In fact, it not only requires a 
great man to make a great commander ; bii^ 
it requires, also, great experience, in the 
military art. Seven 3'ears are consumed to 
learn an individual the most ordinar^ me- 
chanical trade, and it cannot be su(3posed, 
that a man will acquire a thorough knowl- 
edge of the military profession, in a shorter 
time. A man, it is true, of intelligence and 
coolness, will light two oc three thousand 

V 



170 THE REPUBLICAN. 

men, as well as a more experienced and 
equally spirited general ; but it requires a 
combination of valor, experience, and genius 
to marshal such fields as those of Austerlitz 
or Waterloo. 

In Europe, it has been usual for individ- 
uals to devote themselves to the military pro- 
fession, from their youth ; and probably, 
there, the best generals have been found 
among the most experienced officers, under 
a certain age. 

In this country, most of the distinguished 
officers of the revolution had served with 
reputation, in the old French wars, and had 
in those become, in some degree, familiarized 
to military duties and dangers. 

Washington, Putnam, Montgomery, 
Stark s, Prescott, Pomroy, and a numerous 
cr>nstellation of other heroes, had been fa- 
mi\br with the duties and dangers of the 
militairy profession, long before they drew 
their swords, in our revolutionary contest. 
And on the 17th of June 1775, the smoke of 
the cannon mantled round the heads of many 
of our countrymen, whose locks had grown 
white in the military service of their country. 

But in future contests, we must not ex- 
pect the retired veteran to forsake his family 



THE REPUBLICAN. 17l 

and his home to make the ** flinty and hard 
couch of war his thrice driven bed of down." 
This is only to be expected in wars like that 
of the revolution, when patriotism, religion, 
honor, and chivalry, all combined to urge to 
the field the beardless stripling, and brave 
old age. 

Under existing circumstances, therefore, 
a small regular military establishment would 
not be censurable, were it considered only 
in the light of a military school, where the 
principles and practice of the military pro- 
fession, may be cultivated and improved. — 
And this reason, fanciful as it may seem, will 
not be disregarded by such as are satisfiedj 
that great and skilful military and naval of» 
licers are necessary in a great nation, as well 
as great statesmen and philosophers. 

But other reasons, of a more substantia! 
sharacter^ are at hand, to satisfy us of the 
propriet}' of a small military establishment^ 
in time of peace. 

In the first place, the great territory of the 
United States, will necessarily require along 
its various frontiers a number of forts and 
garrisons, and these will need the care and 
superintendiire of men set apnrt for that pur- 
|iose. The wide ej^ tension of our settle- 



172 THE REPUBLICAN. 

ments, in the neighborhood of Indian popu 
lation implores the security of military pro> 
tectors : and military posts will be found 
necessary to render the navigation of our 
lakes and great rivers safe. Indeed, it 
Avould be idle to suppose, that our maritime 
fVontier, together v;ith the other confines of 
our territory, will be sufSciently respected 
and secure, without some portion of militarj 
men and military means. 

Under all circumstances, therefore, both 
of necessity and pclicy, there seems to be no 
i*eal objecticHi against a peace establishment 
©f land forces, consisting of a moderate num- 
ber of officers and soldiers. Nor will a grad- 
ual augmentation of such a force, as our 
population and resources may progress, be 
so reprehensible as a diminution of their 
number. 

Surely the commencement of the last war, 
will serve to satisfy every dispassionate ob- 
scF^'er, of the extreme imprudence of being 
destitute, at any time, of a proper proportion 
of regular troops. Upon that occasion we 
had to raise, form, and discipline an army, 
in the very face of the enemy : nor was this 
the greatest difficulty, which w^e had to en- 
counter, as most of our officers had to leani 



THE REPUBLICAN. 173 

their duty, after the commencement of hos- 
tilities. But, thanks be to heaven, amid all 
these difficulties, and discouragements, the 
reputation of the country was sustained, by 
the gallantry of our military and naval offi- 
cers, and the valor and intrepidity of their 
men. 

In view of the whole subject, it is to be 
hoped, that the high and honorable reputation 
of this country will never again be jeopar- 
dized ; and, that no future war will find the 
United States, destitute of such a portion of 
veteran officers and soldiers, as may serve to 
diffuse order and discipline, among our new 
levies, and to inspire them with confidence^ 
in the face of the enemy. 



"ESS AX lY, 

OF A NAVY. 



IN this country a great difference of opin- 
ion has existed upon the expediency of main- 
taining a navy. While many have been 
much opposed to the equipment of ships of 
war, others ha^e been as much in favor of 
the establishment of a naval force. And 

p 2 



174 THE REPUBLICAN. 

while the opinions of all men have been hon- 
est ; plausible arguments have not been wan- 
ting upon either side of the question. Hap- 
pily for us alL experience, the mother of 
wisdom, has at length, settled the controver- 
sy ; and the gentlemen of the navy have ad- 
duced aiguments, during the late war with 
Great Britain, which have convinced their 
friends, and satisfied our enemies of the im- 
portance of a navy to the United States. 

Leaving out of view, however, the gallant 
exploits of our seamen, which so gloriously 
illustrate the naval character of America, 
and which cover those who achieved them 
with imperishable glory ; we shall never be 
at a loss to find arguments in favor of a limited 
naval establishment In this country. 

The great and increasing commerce of the 
United States, and the large proportion of 
our citizens employed in it, are always, more 
or less, exposed to the aggressions of foreign 
powers. Since this is the case, we owe it 
to ourselves, as a sovereign state, to be in 
possession of the means of redressing our 
wrongs, as they may, from time to time, 
occur. 

Besides, we are not to forget, that a flour- 
ishing commerce always affords a tempting 



THE REPUBLICAN, 175 

bait for piratical depredations. Since the 
days of the two Barbarossas, Horuc and 
Hayradin ; who proclaimed themselves the 
friends of the seas, and the enemies of ally 
who sailed upon them ; and who unfurled t}iis 
motto, triumphandy, from the Dardanels to 
the Streights of Gibraltar ; the States of 
Barbary have disturbed the seas, by lawless 
depredations. Notwithstanding the chas- 
tisements inflicted upon some of these pow*. 
ers, by the Emperor Charles V. the Veni- 
tians, and Louis XIV : in our own times, 
we have repeatedly experienced their pira- 
cies, and have had occasion to punish their 
insolence. 

A naval force has no tendency, it is con- 
ceived, to embroil us in wars and difficulties 
with other nations, as some have supposed : 
but, on the other hand, it operates to prevent 
causes and occasions of quarrel. 

If the commerce of a nation is perfectly 
defenceless, it invites the depredations of 
every unprincipled and rapacious pirate and 
despot : indeed the history of the w^orld de- 
monstrates, that mankind are not so frequent- 
ly controled by the principles of abstract 
justice, as by the maxims of interest.—- 
Whenever, therefore, nations perceive, that 



176 THE REPUBLICAN. 

depredations upon our commerce do not es- 
. cape without retaliation ; the maxims of in- 
terest will concur with the dictates of justice, 
in making them respect our rights. In this 
view of the subject, a navy tends to preserve 
peace, rather than to promote wars. 

But the great extent of our maritime fron- 
tier, and the rich towns and cities which are, 
every where, situated upon it, require naval 
defence and protection : and nothing would 
be more unwise, than to suffer them to re- 
main without it. In vain will it be urged, 
as an objection to a naval establishment, that 
if a great naval power should bend her 
strength to the destruction of it, she might 
accomplish it» at a single blow : for in an- 
swer to this, it may be remarked, that a 
small navy, consisting principally of fast 
sailing frigates and light vessels, scattered 
through our ports and over the ocean, can 
never fall a sacrifice to a single encounter. 
But a fleet of this kind, on the contrary, 
while it will be able to elude the concentrat- 
ed attacks of the enemy, will pick up his 
merchantmen, and encounter his single ships 
to advantage. 

Without multiplying words upon a sub- 
ject, which seems to be sufficiently under- 



THE REPUBLICAN. 177 

stood, the only question, which can now ex- 
cite discussion, in reference to it, regards 
the size and extent of our marine force. 
And here, taking common sense for a guide, 
it may be remarked, that nations as well as 
individuals, must be governed in all things^ 
requiring pecuniary expenditure, in refer- 
ence to their means and resources. 

If a man, laboring under an apprehension 
that enemies were about to attack him, for 
the purpose of divesting him of his property, 
should expend the whole of his estate, in the 
purchase of arms for his defence ; he would 
be justly laughed at, for having made him- 
self a bankrupt, under an idea of defending 
his property. But should a man, under 
suclx circumstances, expenda reasonable sum 
for the purposes of defence and security, he 
would be esteemed a wise calculator, and a 
good economist. 

In like manner, a wise nation will expend 
for the defence of its floating property and 
maritime rights a sum duly proportioned to 
its general resources, and the value of the in- 
terests at stake. And, in accordance with 
this doctrine, so long as the commercial 
rights of the United States continue to be 
so valuable, as they have been ; liberal sup=. 



178 THE REPUBLICAN. 

plies for their defence, will be cheerfully con- 
tributed by an independent and enlightened 
people. And in proportion as the commerce 
of the country, and its general resources in- 
crease^ a moderate and gradual augmentation 
of the navy may take place. 

In times of peace, however, the expences 
of the Navy may be greatly reduced, though 
it would be inconvenient and impolitic en- 
tirely to dismantle it. 

Many of the remarks made, in reference 
to a regular military establishment, in the 
preceding essay, are equally applicable to the 
present subject. And to those may be ad- 
ded, some considerations arising out of the 
various foreign relations of the country, 
which will always require, in time of peace, 
the employment of more or less ships of 
war. The superintendence also of our na- 
val depots and ship yards, will call for the a- 
gency of nautical officers and men : and thus 
a necessary, though curtailed naval establish- 
ment, will serve to preserve the machinery 
of the naval department, and keep alive the 
principles and practice of naval discipline. 

Here too the future Admirals of the Coun- 
try will be educating, emulous of that fame 
and reputation, which so gloriously irradi- 



THE REPITBLICAN. 179 

atf the names already inscribed, upon the 
naval column of America. 



Bgepafgwiii' liiiiinji iiinuMi 



"ESS AX Y, 

OF FORTinCATIONS. 



THE remarks which have been made up- 
on the expediency of a well ordered militiaj 
and upon the propriety of suitable military 
and naval establishments, naturally excite, 
in the last place, a few reflections upon the 
importance of frontier forts, and fortifica- 
tions, as means of safety and defence. 

The maritime towns and cities of the coun- 
try are of the greatest importance ; these are 
the grand intrepots of a great part of the 
wealth of the nation, and without them it 
would be impossible to prosecute commerce, 
^nd to diffuse its advantages through the in= 
terior country. These are the flood gates 
of the Republic, through which issue the 
surplus productions of the agriculturalist 
and manufacturer, as well as the redundant 
capital of the merchant : and through which 
is admitted the returning tide of wealth and 
opulence^ flowing in from foreign couu- 
tries. 



150 THE REPUBLICAN-. 

If vice and dissipation are here intermix* 
ed with the bustle ofenterprize and business, 
here, also, are to be found industry and^ mo- 
ralit}^ high minded honour, and incorrupt? - 
ble virtue. Even the extravagance of the 
truly rich ni our great cities, though produc- 
tive of a pernicious example to the less afflu- 
ent portions of community, is not so censur- 
able, as at first it would seem : because, their 
expenditures, upon dress, their tables and e- 
quipage are well distributed among farmers, 
mechanics, milliners, and a thousand • oth- 
ers. But be this as it may, the men, women, 
and children, of this great and growing na- 
tion, deserve to be safe from the invasion of 
aiemies, whether they dwell in eities, or in- 
habit villages : and in times of war, the sof- 
ter sex, old age, and infancy, deserve to be 
placed, if possible, beyond the apprehension 
of danger. Indeed, if our great towns and 
cities were exposed to be burnt and devasta- 
ted by enemies, a period would be put to 
the growth of the nation ; and though we 
might preserve our liberties, we should be 
reduced to a state of pastoral independence. 
When, therefore, a proper estimate is 
made of the riches and opulence of our mar- 
itime towns apd cities, and also of their vast 



THE REPUBLIC A X» 181 

population, their protection is manifestly a 
very interesting duty of government. But, 
as our towns and cities cannot be defended 
fpom the cannonade or bombardment of an 
enemy, by the militia or army, unassisted by 
forts and fortifications : and, as attacks made 
upon such places are usually conduted with 
squadrons of heavy ships of war ; our naval 
armament alone might be found inadequate 
to the defence of a sea port, which the enemy 
might destine to pillage and the flames. It 
seems, therefore, to follow, that strong forti- 
fications and land batteries, are the proper 
defences for our maritime cities. 

A time of peace is peculiarly fitted for the 
preparation of these means of defence ; for it 
must be obvious to all, that it is too late to 
erect frontier fortifications when the enemy 
is at our gates. And while true economy 
is to be consulted, in all things, the expense 
of these precautionary measures is not to be 
regarded by a liberal and opulent people. 

In addition to forts and fortifications, and 
the military and naval establishments, which 
have been already considered ; the country 
requires a plentiful supply of arms and fi« li 
artillery, with a sipfiicient store of ammuni- 



THE REPUBLICAN^< 



tion. Being thus prepared for a state Of 
hostility, we may calculate with the mor^. 
certainty on a continuation of peace ; and in 
the event of war be ready to take the field 
witii order, strength, and confidence. 



CLASS III. OF PART IL 



Introductory remarks on the importance 
of agriculture, commerce^ and manufac* 

TURES. 

THE strength of a great nation is intimate* 
ly connected with the success of its agricul- 
ture, the prosperity of its commerce, and the 
flourishing condition of its manufectures. — 
If a state abandons commerce and manufac- 
tures, and attaches itself entirely to agricul- 
ture, it will revert to a state of pastoral rude- 
ness and poverty. Should it, on the other 
hand, neglect agriculture and manufactures,^ 
and attend to nothing but commerce it would 
become the mercenary servant of other na,^ 
tions, waiting upon their convenience, and 
subsisting by their smiles. In like manner^ 
could we suppose a people, so beside them- 
selves, as to forsake commerce and agricul- 
ture, for the purpose of applying themselves 
solely to manufactures, we might expect to 
become acquainted w^ith a miserable co^mn- 



184 THE REPUBLICAN. 

11 Ity, devoid of mental energy, and laudable 
enterprize. 

By a combination, however, of these three 
branches of human enterprize and pursuit ; 
of these elements of national strength; that 
political solidity and power is to be attained, 
which constitutes one of the firmest bulwarks 
of national independence. 

In a nation where these great departments 
of human industry are properly arranged and 
encouraged, the investigating and inquisitive 
mind of man finds continual employment, and 
the new and various scenes of enterprize 
which present themselves on every side, ex-. 
cite, and give vigor to the human understan- 
ding. In such a country, the greatest pos- 
sible degree of productive industry, is eli- 
cited from the inhabitants, and the division 
of labor, while it adds dispatch to execution, 
imparts perfection to the arts. Replete with 
all the comforts, conveniences, and luxuries 
of life, the price of every thing in the nation 
becomes moderate and cheap ; and if it were 
otherwise, it would be of no consequence ; 
since, where every thing abounds, the ex- 
changeable value of commodities, can be of 
less importance. In a state thus situated, 
the citizens would neither require foreign 



THE RtlPUBLICAN. 183 

credit, or foreign capital, fOr the prosecution 
of their schemes of business ; for the well 
directed industry of the people, which is the 
mother of wealth, would furnish all the ma* 
terials for the exercise of enterprise. Such 
a nation v»^ould present a parallel to the Ro- 
man Empire, in the age of the Antonines, 
abounding in strength and magnificence. 

But the workings of the human imagina- 
tion may outrun the progress of nations ; and 
before prophecies of greatness can be ful- 
filled, numerous points of interest and pre- 
judice must be worn away by time. 

The agriculturalist may feel a degree of 
reluctance in contributing to support and 
protect commerce : the merchant may es- 
teem commerce the paramount interest of 
the nation, and think that agriculture and 
manufactures, ought to bend and accommo- 
date themselves, to his views and designs : 
and in like manner, the manufacturer may 
attach too much importance to his particular 
pursuits, honestly believing, that his own in- 
terests, coincide, in a peculiar manner, with 
the great interests of his country. Good 
sense and experience, will at length amalga^ 
mate these jarring opinions, and it will be 

o ^ 



186 THE REPUBLICAN. 

perceived in the end, that the public antJ: 
private interests of a nation depend upon 
the . prosperity of its agriculture, commerce 
and manufactures. And happy will it be for 
the people of that country, who foreseeing the 
destinies which await them, anticipate their 
arrival, bv s:enerous concessions of interests, 
and liberal relinquishments of partialities. 

In the United States, concessions and re- 
linquishments of this kind, may be expect- 
ed, from the generous and liberal of every 
description of citizens : for nothing could 
be more dangerous to the vital interests of 
the country, than dispositions of a sectional, 
or selfish character. The success of our 
commerce has not alone resulted from the in- 
telligence and enterprise of those who have 
been concerned in it ; but it is to be attrib- 
uted, in a very considerable degree, to the 
wise provisions of government in its favor, 
and the liberal appropriations, which have, 
at no time been withheld for its maintenance 
and defence. The discriminating duties up-. 
on foreign tonnage, and the merchandises 
imported in foreign vessels, have given our 
merchants the ascendency in the markets of 
our own country. A selfish and narrow dis- 
position, on the part of the agriculturalist. 



THE REPUBLICAN. 187 

might prompt him to complain of privileges, 
thus bestowed, through an enlightened poli= 
cy, upon the merchant. And confined in his 
views, by the limits of his own interest, he 
might express a desire, that the discrimina- 
tins: duties, so favourable to American mer= 
chants and ship owners, might be abolished, 
and that our ports might be opened, without 
restriction or limitation, to all nations : in or- 
der that his opportunities might be multipli- 
ed of purchasing cheap and selling dear. 
But the merchants of this country, would 
have just reason to complain of such a pro- 
ject, as one calculated to destroy /hot only 
their property, but their prospects. 

If, however, our ports should be opened 
agreeably to the wishes of a short sighted 
interest, and in consequence of it, it should 
so happen, that the Prusians should send us 
^rain from Dantzic, the Dutch cargoes of 
cheese from Holland, and the Irish supplies 
of potatoes from Ireland, which might be af- 
forded as cheap, or cheaper than our own 
productions, of the same kind ; the agri- 
culturaUst would bitterly complain of the 
facility of government, M^hich permitted 
foreigners thus to compete with our own 
cultivators about their own doors. 



188 THE REPUBLICAN. 

If the merchants, aiijd agriculturalists of 
the nation, might well complain, under the^ 
circumstances supposed, with like reason the 
manufacturers of this country might com- 
plain, if the government disregarding their 
efforts, and deaf to their intreaties, should 
refuse to give to the products of their indus- 
try, a reasonable ascendency, in their own 
markets. 

On the score therefore of equal rights, all 
are entitled to equal protection -. and seeing 
this to be the case, each interest ought cheer- 
fully to contribute to the support of the oth- 
ers, and thus co-operate to advance the gen- 
eral welfare. 

And even though an extraor^nary effort 
should be necessary for a time, to sustain any 
branch of the domestic industry of the coun- 
try ; let it be remembered that the private 
sacrifices which may be incident to such an 
effort, are to advance the permanent inter- 
ests of the nation ; and that though some 
channels of mercantile enterprize may be 
narrowed, others will be widened, and new 
ones eventually opened. 

In the succeeding essays, in this class, a 
particular view of each of the great interest*' 
of pur country, ^yiU be iiUemptcd; under the 



THE REPUBLICAN. 189 

conviction that the real success of one is in- 
timately blended with the prosperity of the 
others : and in the closing number upon the 
revenue, a frank investigation will be presen- 
ted of some of those measures, in relation 
to the taxes of the nation, which seem cal- 
culated to aid the combined prosperity of 
our three great branches of industry and en- 
terprise. 



iissax 11. 

OF AGRICULTURE. 



IN Great-Britain, the greatest portion of 
die lands are owned by the king and chief 
nobility, and are mediately, or immediately, 
let out to the farmers of the country, who 
are generally tenants. There, none but free- 
holders are allowed to vote in elections for 
members of parliament, and hence it is, that 
vast numbers of respectable and opulent far« 
mers, far advanced in life, unable to procure 
freeholds, have never exercised the elective 
franchise. This, indeed, to the people of 
this country, would seem a hardship, and if 
it is so' in Great-Britain, it is one founded in 



190 THE REPUBLICAN. 

the feudal nature, and aristocratic principles 
of the British constitution. 

The chief nobility of Great-Britain con- 
stitute a coordinate branch of the British 
Parliament, and inherit their rights from 
their ancestors ; but their birth right alone, 
without property, would be a vain peageant ; 
and it is necessary, therefore, that they should 
have an actual influence, corresponding with 
their high titles. 7'his influence is derived 
from the great landed estates, which they 
possess and farm out to their retainers and 
tenants. Should these lands ever [)c divid- 
ed into fee simple estates, among the great 
mass of the people, the balance of the Brit-^ 
iah constitution would be, in a great meas- 
ure, destroyed. 

As our civil constitutions, however, rest 
upon difterent principles, so a different dis-. 
tribution of property takes place among us. 
Het^ the real estate of a deceased person is^ 
in general, equally divided among all his 
children, male and female ; whereas there, 
all the landed property descends to the oldest 
heir male, with the exception of some ten- 
ures of a particular kind. The policy there 
is to tie up, as far as possible, the lands in the:- 
hands of the aristocracv ; while here,, the 



THE REPUBLICAN." 191 

object of government is to divide them, a- 
mong the great body of the people. 

As long as the landed estates of this coun- 
try are partitioned out, among the great body 
of the people, who find an interest in cultiva- 
ting them, we need not be apprehensive of 
the introduction of any order of nobility a- 
mong us ; for with truth, it may be affirmed, 
that small farms and independent land-hol» 
ders, constitute the surest basis of a Repub- 
lican state. 

The Romans duringthe time of the Com- 
iTionwealth, were so sensible of the impor= 
tance of a general partition of the lands a- 
iTiong the people, that about two hundred 
and fifty years before the end of the second 
Punic War, they determined, by law, not to 
^aHow any individual to be the owner of more 
than five hundred acres of land. But this 
law, having been grossly violated, almost all 
the lands, in the time of Tiberius Grachus^ 
were found to be in the hands of the patri* 
cians, or their trustees ; and Italy was culti- 
vated for them, by slaves and barbarians, to 
the exclusion of the free citizens of Rome. 

It was in this state of things, resulting un- 
doubtedly from a variety of accidents and 
causes, that Tiberius Graohus proposed the 



192 THE REPUBLICAN. 

renewal of the agrarian law, under the pre- 
test, of bringing about the former division 
of lands, among the people. This proposal 
although calculated to coincide with the in- 
terests and republican notions of the plebe- 
ans, as they were 'called, met, as might have 
been expected, with great opposition from 
the patricians. It was, indeed, a very vio- 
lent measure, and came, probably, much too 
late ; as the basis of the republic was too 
completely overthrown to admit of any rem- 
edy. But be this as it may, certain it is, that 
from this time, the liberties of the Romans 
existed in form, rather than in fact. 

This historical allusion serves to illustrate 
the importance of a general division of lands 
among a republican people, and fortifies the 
maxim, that small farms and independent 
landholders constitute the surest basis of a 
republican state. 

In this country, however, an agrarian law 
would be justly deemed a wild and arbitrary 
restraint, upon the freedom of alienation : 
and when our laws, for the distribution of 
property among heirs, as well as those against 
perpetuities and entails, are considered ; suf- 
ficient legal provisions may be thought al- 
ready to exist, for our protection, against a 



tHE REtUBLICAJT. 193 

landed aristocracy. But after all, it may 
not be unwise, should our state governments 
endeavour to draw the habits and inclinations 
pf the people in aid of the positive regula- 
tions, providing for the diffusion of landed 
property : for the practical utility of our pos- 
itive regulations must, in a great degree, de- 
pend upon these habits and inclinations. 

The inducements which men have to pur- 
chase and cultivate lands are in proportion 
to the advantages they anticipate from such 
undertakings ; and whenever our citizens 
are convinced, that a few acres of land, well 
cultivated, will give to an individual and his 
family, a decent and comfortable support ; 
the fact will have a natural tendency to mul- 
tiply purchasers, and to increase land holders. 
On the other hand, should a large proportion 
of land be thought barely sufficient to sup= 
port a man and his family, people of snxall 
properties would rarely become purchasers^ 
Bnd the land would fall into the possession 
of rich owners, who could subsist on a rev-, 
enue, in a ratio, inverse to the extent of their 
estates. 

In proportion, however, as the art of til- 
lage is improved, the secret will be discov- 



194 THE REPUBLICAN. 

ered of maintaining large families upon 
small quantities of land ; and hence, the im- 
provement of agriculture will have a direct 
tendency to multiply the industrious culti- 
vators of the soil, and thus to ensure a de- 
gree of equality, in tlie possession of landed 
property, so essential to the preservation of 
our civil institutions. 

From this view of the subject, it results, 
that a republican state, which encourages 
the extension and improvement of agricul- 
ture, is adding strength and stability to a 
vital principle of its existence ; and legisla- 
ting in conformity to that dictate of policy, 
which renders it the duty of every sovereign 
state, to concert measures for its present and 
future preservation. 

Should this argument, how^ever, be deem- 
ed visionary, (as probably it may be, by 
many individuals,) it may not be amiss to 
take other views of the subject. 

The duty of every sovereign state to take 
measures for its own preservation, has been 
already suggested, in the first part of this 
treatise; and it will not be denied, that 
every sovereign state is under a like obliga- 
tion to increase its riches and power, by all 
justifiable means. Tjie more any state 



THE REPUBLICAN, 19-5 

abounds with vigorous inhabitants, and with 
the necessaries and conveniences of life, the 
greater is its capacity to defend itself against 
foreign aggressions, and to maintain its mar- 
atinie rii^hts. 

Nothing, perhaps, has a tendency to in« 
crease a hardy and vigorous race of inhabi- 
tants, and to supply a state, abundantly, with 
all the necessaries and comforts of life, more 
than a judicious and industrious cultivation 
of a fertile soil. In proportion as agriculture 
is improved, a greater population can be sup- 
ported, on the same given space, and a larger 
surplus product realized. It is agriculture 
which is to supply the hands of manufactur- 
ers with materials, and their mouths with 
bread ; and it is this which is to freight the 
ship of the merchant. And in proportion^ 
as the knowledge and practice of this impoi» 
tant art progresses, a state will be able to 
maintain, when necessary, larger armies and 
fieets, for its protection and defence. 

" It ought readily to be conceded," says 
the lamented Hamilton, in his Report on the 
subject of Manufactures, " that the cultiva 
*' tion of the earth, as the primary and most 
** certain source of natural supply ; as th^ 
*' immediate and chief source of subsistence 



196 THE REPUBLICAKv 

** to man ; as the principal source of tlrose 
" materials which constitute the nutriment 
" of other kinds of labour, as including a 
" state most favourable to the freedom and 
** independence of the human mind ; and 
** one perhaps most conducive to the multi- 
** plication of the human species, hasmtriiu 
^^ sically a strong ckiim to preeminence over 
" every other kind of industry,'*'' 

But, although so many advantages, seem 
to be the natural consequences of agricul- 
ture, the earth must be solicited, by the hands 
of skilful and judicious husbandmen, before 
she will vield her increase. 



Agriculture is a scientific art; the. prac- 
tice of which, is of all others, the most con- 
ducive to human happiness; and it is enti- 
tled, therefore, to the aid and encouragement 
of every government, which proposes to it- 
self, as an end, the happiness of its citizen^ 
or subjects^ When the state of agriculture 
in this country, is compared with the state oj 
agriculture, in France or England, great room 
for improvements will be apparent ; and the 
wonderwill be, why hitherto solittlehas been- 
done to encourage the extension and irnprove- 
ment of this great resource of national! 
wealth. 



THE REPUBLIC AN. i^ 

The Federal Government, ever since it 
commenced its operations has been continu- 
ally consulting and protecting the interests 
of commerce. Our merchants have been 
encouraged, by the allowance of draw- backs j, 
to import larger quantities of merchandiseg 
than our home demands required, that they 
might be enabled to derive a benefit and prof- 
it from reexportation. In addition to thisj 
the government has indulged them with long 
and generous credits, upon the duties paya- 
ble upon their imported articles ; by which 
they have derived all tlie benefits of a pecu- 
niary loan, from the national treasury : and 
above all, the nation has supplied them, with 
a gallant navy, to protect their enterpjizes^ 
and to maintain the security and respectabil- 
ity of their flag. 

In doing these things for commerce, the 
Federal Government has consulted the true 
interests and dignity of the nation. But, 
although, the national legislature has done so 
much for commerce, the state governments, 
whose peculiar duty it is to superintend the 
interests of agriculture, have done little or 
nothing, for its encouragement. 

Colleges and schools have been libe rally: 
-n 2 ■ 



1^8 THE REP'uBLICAN'v 

endowed, and supported, by the state gov» 
ernments, and the arts and the sciences have 
•been cherished, with an honorable and en- 
lightened zeal; but in the meantime agricul- 
ture, which is an art so importnt, a science 
so interesting, has been, for the most part 
left to struggle for itself. 

And this \vill seem the more surprising, 
if it is considered, that every dollar expended 
by a government, for the support and encour- 
agement of agriculture, will be reimbursed 
a thousand times over, in the increased pro- 
ductions of the soil. 

Let us endeavour to illustrate this by sup^ 
posing a case. Suppose, for instance, the 
state of Massachusetts, should offer a pre- 
mium of five hundred dollars, to the indi- 
vidual within the state, who should raise the 
most wheat, off of five acres of land : it is 
believed, an offer of this kind, would pro- 
duce at least four hundred competitors for 
the prize, who would, of course, cultivate 
two thousand acres of land, with wheat. 
The extra pains and attention which would 
be bestowed on these two thousand acres, 
w^ould, it is fair to suppose, make them yield, 
at least, six bushels per acre more than an 
average of ordinary crops ; and thus twelve 



THE REPITBLICAN. 199 

thousand bushels of wheat extraordinary, 
would be raised within the Commonwealth* 
This, at one dollar and fifty cents a bushel, 
Would be worth eighteen thousand dollars. 
In like manner, similar results might be ex- 
pected from other crops, from similar ex- 
citements. And should the same system of 
excitement, as that supposed, be adopted by 
all the states, it^inight be difficult to calcu- 
late the vast accession of national wealth 
\vhich would be the result. 

But a bare increase of crops would be the 
least advantage, which the country would 
derive, from a judicious encouragement of 
agriculture : great improvements would be 
a consequence of them, the benefits of which 
would be lasting. Men would be led, step 
by step, to the discovery of those treasures^ 
which a skilful and industrious cultivation of 
the earth, is capable of eliciting ; and in a 
short time, the fields of the United States 
might vie with the fairest portions of Eu- 
rope, in the excellence of their culture, and 
in the exuberance of their crops. 

Upon the whole, it w^ould seem, that the 
path of duty in respect to the encourage-^ 
inent of agriculture, was plain before the 
state legislatures : since the promotion of 



200 IKE REPUBLICAN. 

fhis interesting occupation has a tendency to 
preserve the basis of the governments them- 
selves, while it adds to the number of our 
population, and to the strength and riches of 
our country. 



l&SSAX 111, 

OF COMMERCE. 



COMMERCE, in a large and genera! 
sense, may be defined to be the exchanging 
the money or productions of one country, for 
those of another : and by means of it, one 
nation avails itself of all those products of oth^ 
er countries, which minister to its conven- 
ience, elegance, and voluptuousness. 

Nations have existed, which have been a^ 
verse to commerce, from an apprehension of 
its tendency to debauch those stern habits 
aiid notions, upon the preservation ot which, 
the security of their political institutions 
were thought to depend : but, the good sense 
of mankind has induced them to discard for 
the most part, such absurd theories, and the 
general opinion is, that a well regulated com^ 
merce must be, more or less, advantageou-6 
to e^very nation wliieh pursues it. 



THE REPUBLICAN. 201 

The people of the United States., from 
physical causes, must necessarily be com- 
mercial, as well as agricultural. The great 
extent of our sea -board, our large and exten- 
sive navigable rivers, and our fishing rights 
and privileges, ^re perpetual invitations to 
maritime enterprize. Nature seems to have 
destined us for a commercial people, and it 
will be difficult for man to alter the decree. 
It remains, therefore, that a profitable direc- 
tion be given to our commercial enterprizes, 
in ordep that the country may be enriched by 
them. 

If the people of the United States can ex-» 
change a portion of their corn, flour, tobac- 
co, fish, cotton, &c. for the brandy, u^ine,. 
silk, and other produce of foreign countries, 
it surely must be convenient, and profitable, 
to the inhabitants of our great and growing 
liation. 

A prosperous and well regulated commerce, 
it is well known, invigorates every depart- 
ment of industry ; the farmer, the mechanicj 
and the manufacturer, are all enriched by it. 
Our great towns, the offspring of commerce, 
are the ready markets for all the surplus pro^ 
duce of the farmer, which is in such places^ 
Bought up for the consumption of the inhab- 



202 THE REPUBLICAN. 

itants, or for exportation. Here vast num;^^ 
bers of house-wrights, ship-builders, masons 
and other artizans reside ; subsisting indi- 
rectly upon the profits of commerce : and 
here, from the same source, the merchant, 
the professional man, the great and small 
dealer, the seaman, and a host of others, fol- 
lowing various vocations, subsist. 
. Beneath the smiles of commerce the arts 
are cultivated, and the domains of science ex- 
tended. The moral advantages resulting 
from it, far exceed the disadvantages ; and 
even the luxuries and elegances of life, too 
often the theme of fastidious censure, serve 
to diffuse property more equally among the 
people, and to distribute the blessing of a 
prosperous trade to all classes of society. 
We do not, however, intend to follow the Fa- 
ble of the Bees, and assert that private vices 
are public benefits : since, it is plain, that af- 
fluent individuals can live with elegance and 
taste, without being vicious or debauched. 

The national advantages, however, rcsult^^ 
ing from commerce depend, very much, 
upon its profitableness or unprofitableness. 
And therefore, if any test could be discover- 
ed, by which we may, judge of its pecuniary 
advantages or disadvantages, a desideratum 



THE REPIJBLICAN. 203 

in political economy would be attained ; and 
the people of this country ought to have the 
advantage of it, to enable them to know what 
exertions^or sacrifices ought to be made, to 
sustain the commercial prosperity of the na- 
tion. 

Perhaps, it may be found difficult to estab^ 
lish a criterion of this description. Some 
have thought, that what is called the balance 
of trade, exhibits the safest test of the pros- 
perity of commerce ; while others, have 
considered this a very uncertain guide. It 
may not be amiss, however, to define by a 
simple illustration, what may be understood 
by the balance of trade. 

When a nation does not export commo- 
dities enough to pay for the commodities it 
imports, the balance of trade is against it, 
and this balance must be paid in money ; or, 
on the other hand, when a nation exports 
more than sufficient to pay for the goods it 
imports the balance of trade is in its favor, 
and this balance will be drawn in gold and 
silver from other countries. 

In the one case, the nation may be coiti- 
pared to the unthrifty farmer, who purchases 
of the store- keeper more goods, every year, 
than he turns off produce from his farm to 



^4 THE REPUBLICAN. 

pay for j and in the other case, it resembles 
the thrifty farmer, who sells to the store 
keeper, an amount of produce, greater than 
the amount of goods which he takes up at 
the store. 

The balance of trade, as thus exemplified, 
affords a safe rule, which may be applied 
satisfactorily, in all our investigations con- 
cerning commerce. But the difficulty, after 
all, is to ascertain the facts, in such a man- 
ner, as not to be deceived by the application 
of this rule : for, although the rule is simple, 
the application of it is very difficult. 

If we apply it, upon a comparison of ail 
our exports with all our imports we may be 
misled; for it by no means follows that 
when our imports exceed our exports, that 
the balance of trade as above defined, is 
against us. On the contrary, this fact may 
be the surest sign of a profitable commerce^. 

For instance, suppose the United States 
export to various parts of the world, in the 
course of a year, commodities to the value 
of seventy millions of dollars; and these 
commodities sell in foreign ports for one 
hundred millions of dollars, the whole 
amount of which, being invested in foreign 
n^erchaadizes, is imported into this coun- 



THE RE-PUBLICAN". ^0^ 

try. In this case, upon a comparison of the 
exports with the imports of the nation, it 
would appear that we had imported, at least 
thirty millions of dollars more than we had 
exported. This thirty millions, however, 
would not be a balance against the countr}^, 
but on the contrary, a balance directly in its 
favor ; which would be divided up among 
thQ n>erchants, mechanics, seamen and 
others, who may have been concerned in 
fitting out, and navigating the various ves- 
sels, employed in the trade. 

In the case supposed, had our merchants 
chosen to have brought home but seventy 
millions of dollars worth of foreign commo- 
ditits, they would have had thirty millions 
of dollars, in gold and silver, to have receiv- 
ed ; but] generally it is the same thing to the 
Gountry, whether the balance be brought 
home in money, or money's worth. 

There may be cases, also, where the ap- 
parent balance of trade mav seem to be in 
favor of the country, and yet the actual bal* 
. ance be against it. Let us imagine, fot the 
sake of illustration, that the exports of the 
United States, for a year, amount to one 
hundred millions of dollars; but in coase- 



206 THE REPUBLICAN,. 

quence of bad markets abroad, the whole i^ 
barely sufficient to purchase ninety millions 
jof dollars worth of foreign produce. In such 
a case, the exports would exceed the im- 
ports, ten millions of dollars, but the trade, 
after all, would be manifestly against the 
country. 

It is said, that the gold and silver of the 
world has always flmved, from the north to 
the south, from whence it has been never 
known to return. 

The voluptuoiisnessof Rome, at one time 
annually dispatched from Myos-hormos, an 
Egyptian ix)rt upon tlie Arabian gulf a fleet 
of one hundred and twenty vessels ; which, 
descending into the Arabian sea, sought the 
opposite coast of Malabar or the island of 
Ceylon, where their arrival was expected by 
the merchants of the most distant parts of 
Asia. The return of the expedition was by 
the same pourse, and the rich cargoes which 
were broo^ht back, being carried over land 
to the Nile, were poured with its waters into 
the Mediterranean, and transported to Rome, 
Silks of great value, precious stoues, and the 
most expensive ornaments of every kind, 
spices and aromatics, were thus introduced, 
to pamper the pride of the living, and to 



THE REPUBLICAN", 207 

solemnize the obsequies of the dead. Eight 
hundred thousand pounds sterling in silver^ 
an immense amount for the times, constitu- 
ted the only equivalent which the Romans 
Gould furnish for these annual supplies, fa) 

Before we make use of facts of this des- 
cription in the illustration of the subject be- 
fore us, let us indulsa^e in a short diarression 
upon the probable causes of this course of 
trade, which is so well known in the com- 
mercial w^orld. 

The people of the south have little use for 
the production^ of the north, as almost all 
their wants are supplied from their own cli- 
mate ; and hence, ihey want little else than 
gold or silver for those productions and com- 
modities v/hich the northern people want of 
them. The flow of gold and silver, there- 
fore, from the north to the south results from 
physical causes, and the reason it never re- 
turns, may be accounted for in the same 
way. 

But since it never returns, it may be diffi- 
cult, after all, to comprehend what becomes 
©f the gold and silver which perpetually 
Hows to the south, through the channels of 
eomraerce. 

CaJ <jibbon. 



2G8 THE REPUBLICAN". 

The governments of Asia are despotic ; 
and the jealousy of despots induces them to 
collect treasures, as one great means of pre- 
serving their power and safety. And in ad- 
dition to this, the subjects of all despots well 
know, that their property is at his mercy ; 
and hence they are inclined to secrete it in 
the earth, in order that they may have some 
resource, free from the grasp of arbitrary- 
power. These conjectures are well suppoi», 
ted, by the historical information we have of 
dep.potio countries, and when taken in con- 
nection with the immense population of Asia, 
may serve to explain the reason, why such 
quantities of gold and silver, appear to find a 
grave in the regions of the south ; where 
every man is either a despot, or a slave. 

But be this as it may^ the fact, at any rate, 
is well known, and we return to consider it, 
in reference to the balance of trade. 

Should the United States ship to Asia thir- 
ty million of dollars in silver, for the purpose 
of investing it there, in the productions of that 
quarter of the world, the apparent balance of 
trade would be so much, at least, against the 
United States, in its intercourse with A- 
sia,- But, it would by no means follow 



THE REPUBLICAN. Sp^ 

fiom this, that such a trade was a loosii:^ 
trade to this country ; inasmuch, as the 
ifioney thus exported might in India, where 
the price of labor and subsistence is exceed- 
ingly cheap, purchtise five times as many of 
ihe goods and siccessaries of life, as it would 
procure in the United States. 

Montesquieu remarks, that a country which 
constantly exports fewer manufactures or 
commodities than it receives, will soon find 
the balance sinking ; it will receive less and 
less, till falling into extreme poverty^ it will 
feceive iK>thing atall.^«>^ But this propo- 
sition is by no means unquestionable, as ap- 
pears by the foregoing remarks -^ on the con- 
trary, the very circumstance of its importing 
-more than it exports may be a sure sign of 
its commercial prosperitj^ 

But, whenever commerce is profitable to 
the merchants, say some, it must be neces* 
sarily profitable to the nation to which the 
merchants belong : proceeding upon the 
supposition, that an increase of wealth to an 
individual merchant, is an addition to the 
aggregate wealth of a country. But this 
mode of reasoning is far from being concki- 

("a J t volume Spirit of Law, 34. 



210' THE nEPUBLICAN. 

sive, as may appear from the following sup- 
position. 

A farmer, after having supplied his family 
with meat and drink, from a farm of two 
hundred acres of land, turns in the rest of his 
produce to a neighbouring merchant, in or- 
der to supply his family with foreign com- 
modities : but at the end oi the year, it is 
found, that the produce does not pay for the 
foreign goods by an hundred dollars. In 
this case, it is evident, that the balance of 
trade, between this merchant and farmer is 
very much against the latter, and if it should 
be continued for a number of years, with 
equal disadvantage to the farmer, his ruin 
would be inevitable. 

The merchant, however, may be growing 
I'ich from this very trade ; as he compels the 
farmer to pqy him the balance in money, and 
this, together with the farmers produce, he 
fiends to foreign countries to obtain more for- 
eign goods, which the next year he receives 
and sclUto the fiirmer at a good profit, bring- 
ing him again, another hundred dollars in 
debt. Should the mercha!:jt, in addition to 
this customer, have ninety -nine others of the 

41 

«ame sort, it would be equally pl^in that they 
would ivh ^-^e growing poor, whiie the mer- 



THE REPUBLICAN. 211 

chant was srrowins: rich. And a whole nation 
trading in this way, would be imperceptibly 
impoverished, although the merchants of 
it might be in affluent circumstances. But, 
after all, the riches of the merchants would 
. by no means counterbalance the poverty of 
the farmers ; because the great drain of gold 
and silver would be into foreign countries ; 
a small part of it, only, remaining with the 
merchants in the shape of profits or commis- 
sions. 

Thus it may happen, that the individual 
success of the merchants, is not the sure and 
invariable sign of national prosperity. In- 
deed there would be great difficulty, as well 
as msecurity, in judging by a rule of this 
kind: because its application would involve 
ai^ account of all the fortunes which had been 
made and lost, among the merchants in the 
prosecution of the trade of the country. 

If this were, however, a correct general rule 
by which to judge of the commercial pros- 
perity of a nation ; it would be uniV*ersalIy 
true : but the merchants of Asia and Africa, 
though for the most part opulent, are in the 
midst of a poor and miserable population. 

The course of exchange, among other in- 
dieations, ha^ been thought to be a rule, by 



2i2 THE REtrUBLlCAN. 

which the profit or loss usually attending 
eommcrcial transactions, might be ascertain- 
ed : but this surely must be a very uiicer" 
tain and indecisive guide. At best it caii 
only serve to indicate the balance of trade 
between two nations, and cannot be applied 
to ascertain the general balance which exists 
tetwecn a particular nation, and the rest of 
the world. And, although, it may some- 
times serve to indicate the balance of trade 
between two nations, yet it furnishes no 
certain guide, by which the amount of that 
balance my be estimated. 

From what has been remarked, it may ap- 
pear difficult to determine the profitabkncss 
or unprofitableness of the commerce of our 
country, by comparmg our exports with our 
imports, or by the individual prosperity of 
our merchants, or the course of exchange : 
but it mav not be difficult to ascertain the 
balance of trade, existing between the United 
States and a single nation. This may be 
done by ascertaining the amount of our ex- 
ports to that nation, and the probable rates at 
which they were disposed of there,, together 
with the first cost and charges of the return 
cargoes, and their value in our own markets^ 
exclusive of duties. A balance being thus 



THE REPUBLICAN, 213 

uscertaiiied, separately, with each nation, the 
difference between all those in our favor, and 
all those against us, will be about the general 
balance, either for or against our country, in 
reference to all its commercial concerns. 

It is certainly important that the balance 
of trade should be ascertained in this, or in 
some more eligible manner : for as has been 
remarked, in proportion to the advantages 
resulting from commerce, ought to be the 
efforts to maintain and protect it. 

A correct exhibit of the pecuniary advan- 
tages of commerce, would enable our legis- 
lators to appreciate more accurately its rela- 
tive importance to the nation, in respect to 
agriculture and manufactures, and enable 
them to perceive what branches of trade need- 
ed encouragement, and what branches might 
be profitably circumscri'bed. 

If from exhibitions of statements of this 
description, from time to time, it should ap- 
Jiearthat all the balances in favour of the U- 
nited States with most all nations, w^re swal- 
lowed up, by the balance against the country, 
resulting from a commerce with a particular 
nation, it might, at least suggest some seri- 
ciis rejections, in relation to the further en- 



214> THE REPUBLICAN". 

couragement of a trade apparently so unfa- 
vourable. 

Aside, however, from the profits of trade; 
there are a variety of considerations in favour 
of commerce, resulting from the national con- 
venience which attends its pursuit. If it be 
not in our power to exchange our surplus 
productions, at a great profit^ still it is con- 
venient and highly serviceable to exchange 
tbem for a small one : for the comforts, con- 
venience, and elegance of civil society are 
promoted as well in the one case as the other. 
Hence it would be folly to decry commerce, 
because a great pecuniary balance did not an- 
nually result to the nation from its operations. 
It is to be considered, in every view of the 
subject, that there are vast numbers of our 
felloW'Citizcns, who choose to follow it for 
a subsistence, and ns this is the case, they 
have well founded claims upon the goveriu 
ment for support and protectioiv 

If, however, the government should be 
^latisfied, that the trade of a country really 
enriched one class of its own citi2:ens, at the 
expense of the other, a case might be presen- 
ted, in which they ought judiciously to inter- 
fere. Oc whenever it happens, that the na- 
tionnl welfare requires a jEUodificatLon of*- 



THE REPUBLICAN. 215 

trade, it is right and proper that the govern^ 
merit should exercise its superintending au° 
thority. The interests of trade however, nev» 
er ought to be wantonly embarrassed to the 
prejudice of the industrious class of citizens 
who choose to pursue it. On the other hand, 
our mercantile men will never ask to have 
any other branch of national industry, sacrifi- 
ced for their own aggrandizement : the beau- 
ty of a well regulated machine is, to have 
each wheel co-operate with the others, aid- 
ing and assisting them, but not jostling them 
out of their proper and appropriate places. 

Among commercial, as well as among 
military men, it sometimes happens that pan- 
ics prevail : the dangers which threaten trade 
as generally the cause of alarm among the 
former ; while those of a more substantial 
character, diffuse terror among the latter. 
The fears, however, in regard to trade can be 
usually refered to particular and favorite in- 
terests, which are supposed to be liable to 
some degree of derangement from particu^ 
lar causes. The intelligent merchant, how-, 
ever, surveying the general interests of trade 
is not shaken, while the great fouodations of 
commercial prosperity remain unimpaired.. 
The inci-ea^eof population, of agricultural 



216 THE REPUBLICAN. 

produetions, and manufactures, have been, 
and in all probability will be, the sources of 
increasing trade. And, however, any par- 
ticular branch of trade may be affected by 
the varying circumstances of a nation, yet 
the general prosperity of commerce will 
keep pace with the progression of these 
great causes. 

Happy then are the prospects of America 
who contemplating futurity, beholds increas- 
ing millions populating her twenty Repub- 
lics ; who looking forward through the ex- 
panding vista of time, sees her adventurous 
seaman carrying the produce of the loom and 
the land to infant republics, as yet, scarcely 
born! ! 



OF MANUFACTURES. 

EVERY establishment or institution 
which has a tendency to minister to the com- 
forts of life, and to lessen the wants of com- 
munity for foreign supplies, is justly deemed 
advantageous to a nation. It is in this point 
of view, that manufactures are desirable to 
every political society, and are deserving of 



THE REPUBLIGANc ^17 

the patronage of wise and skilful legisla- 
tors. 

But, however much manufacturers may- 
be calculated to minister to the real comfort 
and independence of a poHtical state ; it fre- 
quently happens, that the very articles which 
a nation requires can be imported cheaper, 
than they can be wrought at home. When- 
ever this is the case, individuals will not ap- 
propriate their time and capital to build up 
manufacturing establishments-; being well 
aware, that they cannot contend, single hand- 
ed, against old, rich, and skilful manufac- 
turing competitors abroad. 

Indeed, the views which individuals take 
of manufactuiing establishments, are always 
throtigh the medium of their own interests^ 
and are seldom or ever extended beyond the 
period of their own lives : but those who pre- 
side over the interest^ of a nation, are bound 
to consider the subject, in a more e^itended 
point of view, and to look to the prospective 
^nd ultimate advantages, which are to result 
from extensive manufacturing establish- 
ments* 

Indeed, national calculation^ are not al- 
ways to be made in reference to compting^ 



•218 THE REPUBLICAK". 

room principles ; because, in a national point 
of view, there is frequently a fallacy attend- 
ing money prices, arising from a superabun- 
dant paper medium. If it happens that the 
price of every thing in this country, is trans- 
ported to an extravagant degree in consef 
quence of an inundation of bank paper, so 
that the manufactures of other nations can be 
sold cheaper in our own markets, with the 
addition of duties upon them, than our own 
can be afforded, this circumstance ought not 
to prevent government from attempting to 
sustain and encourage the struggling manu- 
factures of the country. On the other hand 
they ought to endeavor to reform the cur- 
rency, in sucli a manner, as to render the 
prices of things here, somewhat in propor- 
tion to the prices of things in the rest of the 
commercial world, in order that the industry 
and enterprize of the country, may have a 
fair opportunity, at least, to compete with 
the industry and enterprize of other parts of 
the globe. 

In respect to individuals, existing price.s 
are conclusive, and it would be folly in them 
to undertake, at their own risk and expence, 
to break the path for manufactures, in the 
face of ti deranged state of things at home, 



THE ilEPUBLICAN, 211? 

and great capital abroad. But notvvithstandr 
ing this, it may be the highest wisdom in 
the nation gradually to open the way for 
manufactures by rendering the road to their 
prosperity permanent and secure. 

But in taking measures of this kind, the 
nation must lay aside, in some degree, those 
"views and calculations which of necessity 
regulate the enterprises of indfividuals, and 
look to the substantial and ultimate interests 
of the country, taking care at all times to 
distinguisji between a real and fictitious state 
of things. 

Those who preside over a nation may well 
consider, that though a state may be rich 
from a variety of causes, physical as well as 
moral; yet that one undeniai^le source c^ 
national riches, is to be found in the number 
of days works which the citizens of a coun> 
try can perform in the course of a year in 
producing the necessaries, comforts, and 
conveniences of life. Ten thousand Amer- 
cans, with the assistance of labor saving ma- 
chines, will produce in the United States as 
large a quantity of the manufactured comforts 
and conveniences of life, as ten thousand 
Englishmen, working in England with the 
game facilities j and however differentiv the 



:220 THE REPUBLICAN. 

respective products of their labors may be 
estimated in money ; in point of fact, there 
is no real difference between the value of the 
two products : for generally speaking nations 
are equally enriched by equal quantities of 
labor. /^a^ 

faj Doctor Smith, in pursuing' ungardedly the phantom 
oi money prices, has furnishfed the people of the United 
States with an argument, directly repugnant to his own 
purpose. He tells us, "that it is a maxim of every prudent 
^♦master of a family never to attempt to make, at home> 
*' what it win cost him more to make, than io buy. The 
"tailor does not attempt to make his own shoes, but buys 
" them of the shoemaker. The shoemaker does not at- 
** tempt to make his own cloths, but employs a tailor. The 
*' farmer attempts to make neither the one nor the othep- 
** but employs these different artificers. All of them find it 
'' for their interest to employ their whole industry, in a way 
'* in which they have some advantag^e over their neighhorS;^ 
" and to purchase with a part of its produce, or, what is the 
*' same thing, with the price of a part of it, whatever else 
'*' they have occasion for." 

•• That," he continues, "which Is prudence in the con- 
" duct of every private family, can scarcely be folly in tha^ 
•• of a "great kingdom." 

Without remarking upon the want of analogy between 
the cases of individuals, and the cases of apolitical commu- 
nity, in respect to manufactures ; the case of this country^^ 
'pspecially in New England, in point of fact, is very different 
from that assumed by Doctor Smith. 

Here, it is true, the tailor does not make his own shoes, 
nor the shoemaker his own cloths ; but, it is equally true 
that every prudent farmer, for the most part, raises his own 
wool and flax, and employs his wife and daughters in fab- 
ricating fromtbera comfortable garments for his household 



^fUt HElPtJBLlCA!?. 



221 



Indeed in a national poiftt of view, time 
is money, and the truth of the proverb has 
been practically illustrated by all wise na- 
tions ; and among^the rest, by the English, 
the French, the Dutch, the Russians, Aus- 
trians and Prussians, all of which have en- 
deavored to avail themselves of the greatest 
possible quantift^ of the productive laboi^ of 
their subjects. 

and this, though done without the aid of laboi- saving ma- 
Ghinery, is found to be highly advantageous at the years 



end 



it is true, should the farmer calculate the value of the la- 
bor of his vrife and daughters at paper money prices, the 
stockings, shirts, and other garments, which they make, 
would come much higher, than those for sale at the store, 
But, if his wite and daughters did not make, for the familr^ 
these garments, the farmer would have to part with a large 
portion of his beef, pork, corn, and wheat to pay for them, 
while his wife and daughters would have remained idle at 

home 

The judicious master of a family, in this country, the 
sovereign of his little Commonwealth, sees the folly of pur^ 
chasing that, which he can procure by the labor of his own 
family. And instead of pursuing such a course, he takes 
measures to bring into operation the greatest quantity of the 
productive labor of his household ; and in this way he clothes 
himself and his family, by the labors of his diligent and 
affectionate subjects, and saves the surplus of his beaf, pork, 
corn, and wheat, for an addition to his capital stock. That 
then, (to retort the conclusion of Dr. Smith,) which is pru- 
dence in the conduct of every w^ell regulated fim ily, can 
scarcely be folly, in the conduct of a great naAioQc^ 

T 2 ''' ^ 



222 THE REFUBLICAN'i 

These reflections may not be unworthy of 
the serious consideration of those, who may 
be, from time to time, placed at the head (5f 
affairs in this country. If the immense pop- 
ulation, which will, in all probability, over^ 
spread the territories of the United States in 
the course of a few years, is to be dependent 
upon foreign nations, for supplies of neces- 
sary manufactures ; it will be, to say the 
least of it, a very unfortunate state of things. 
In the Essay upon patriotism, some of 
the disadvantages, which are the necessary 
i^esults of such a state of dependence, are 
suggested ; and what may be the ultimate 
effect, should such a state of things prevail, 
upon the western and south-western States, 
it may be difficult to foresee or determine. 
It seems, however, to be certain, that a state 
of dependence upon foreign nations, can 
have no tendency to consolidate the Union, 
or to give permanency and duration to our 
civil establishments. But, on the other hand, 
it appears reasonable to suppose, if manufac- 
tures could be established here, advanta- 
geously, that the new states would, for a long 
time to come, furnish a ready market for 
every description of manufactured articles : 
and thus, while the general independence of 



THE REPUBLICAN. 

the country would be promoted, the union 
of the States would be strengthened, by ad= 
ditional ties of interest. 

To the wise policy of the British govern^ 
ment, is attributable the extraordinary in- 
crease and extent of the English manufac- 
tures, at this time ; and how far that policy 
is worthy of imitation, in this country, the 
people must decide. In England, in the 
time of Queen Elizabeth, manufactures were 
of little or no consequence : indeed, it is said 
tliat Elizabeth was the first person who wore 
a pair of stockings in her kingdom, and that 
the dress of a lady in 1650, a long time af- 
terwards, was nothing better than a common 
ser^e gown,/^aJ Between the restoration of 
Charles II. and the revolution which brought 
in William III. a period of about twenty 
eight years, several new manufactures were 
established in England, in iron, brass, silk, 
hats, glass and paper ; and among others^ 
the art of dying woollen cloth was introdu- 
ced from the low countries, fdj Accident 
and policy which conspired to cherish these 
beginnings in England, have, at length, made 

faj Hume's History of England, Apendis No, ";• md 
Reign of James U. chapter 71*.^ . 

■ ojibid. 



524 THE REPUBLICAJ^, 

her manufactories, an inexhaustible sourte 
of wealth to the nation. 

The religious persecutions which took 
place in France, during the reign of Loiiis 
the 14th, compelled a great number of in- 
genious artizans to take refuge in England ; 
and by |hese, the infant manufactures of 
Great-Britian were improved and extended; 
and they. have, since, under the fostering 
hand of government, risen to surprising 
greatness, (a) 

As an example of the attention bestowed 
by the English government, upon the en- 
couragement of manufactures, a statute pas- 
sed in the time of Charles 2d, is worthy of 
remark. The statute alluded to, which has 
in view the encouragement of Woollen fab- 
rics enacts, that the bodies of the dead shall 
be buried in woollen, (h) But, even this 
law, arbitrary as it may seem, has been un- 
doubtedly productive of advantages to the 
British nation. This regulation, however, 
is only one among a thousand, for the en^ 

(^aj Voltair's Age Louis XIV. 

CbJ} Pope undoubtedly alluded to this law, and the prae ' 
tice under it, in the following lines. 

*' Odious in woollen, it would a saint provoke, 

" Were the last words which poor Narcissa epok^.*; 



THE REPUBLICAN. 225 

couragement of manufactures in England. 
Mr. Smith, in his Wealth of Nations, ob- 
serves that : " The variety of goods of 
*^ which the importation into Great-Britiaa 
" is prohibited, either absolutely or under 
"certain circumstances, greatly exceeds 
" what can easily be suspected by those, 
** who are not well acquainted with the laws 
** of the customs.'Y^>^ 

It is true, that Mr. Smith is at considera- 
ble pains to decry the policy which has been 
pursued by the British government, for the 
encouragement of British manufactures v 
but he despairs of any material alteration, in 
their system for the better. What he says, 
therefore, on this subject, is probably inten- 
ded more for the benefit of other countries, 
than his own ; that being, in his opinion, in 
a great measure incorrigible Y^-/' While 
we ought to thank him for our share of his 
kind attention to the prosperity of other na-^ 
tions, we ought to recollect on the other hand, 
that we have as great an authority as Mr. 
Smith, for following, to a certain extent, the 
example exhibited by Great-Britian, in re» 
lation to manufactures. 

faj Wealth of nations, book 4, chapter 2, page 176r 
fbj Ibid, page 206, 



226 THE REPUBLICAN^ 

Mr. Hamilton, as early as the yeaf 179'0 
displayed to Congress, in a very masterly 
report, on the subject of manufactures, thq 
importance of them to the nation, and de- 
tailed some of the means necessary to be 
pursued, for their encouragement. In speak- 
ing upon the subject, this great statesman 
observes, ** not only the wealth, but the in- 
** dependence and security of a country ap^ 
** pear to be materially connected with the 
** prosperity of manufactures. Every na- 
** tion, with a view to those great objects, 
" ought to endeavor to possess within itself 
" all the essentials of national supply. These 
** comprise the means of subsistence^ habita* 
" tion^ clothing and defence. 

** The possession of these is necessary to 
** the perfection of the body politic ; to the 
** safety as well as to the welfare of the so- 
'' ciety ; the want of either, is the want of an 
" important organ of political life and mo- 
" tion ; and, in the various crisis which 
" await a state, it must severely feel the^ef- 
*' fects of any such deficiency. The extreme 
"embarrassments of the United States du- 
** ring the late war, from' an incapacity of 
'^supplying themselves, are still matters of 
" keen recollection, A future war might 



THE REPUBLICAN. 227 

*' be expected again to exemplify the mis- 
" chiefs and dangers of a situation to which 
" that incapacity is still in too great a degree 
" applicable, unless changed by timely and 
*' vigorous exertions. To effect this change, 
" as fast as shall be prudent, merits all the 
" attention and all the zeal of our public 
*' councils ; it is the next great work to be 
* ' accomplished, faj 

Although we cannot expect to accom- 
plish in a moment, a work which Great Brit- 
ain has been above a century bringing a- 

faJ Mr. Hamilton's Report upon the subject of Manu» 
actures. 

Among the expedients recommended by Mr. Hamilton 
for the encouragement of manufactureis are the following^ 
viz : 

1. Protecting duties— or duties on those foreign articles 
which are the rivals of the domestic ones intended to be en- 
couraged. 

2. Prohibition of rival articles, ar duties equivalent to pro, 
hibitions- 

S. Prohihitions of the exportation of the materials of 
manufactures. 

4. Pecuniary bounties. 

5. Premiums. 

6. The exemption of the materials of jmanufat*tu-i-es from 
duty. 

7. Drawbacks of the duties, which are iftiposed on the 
materials of manufactures. 

8. The encouragement of new inventions and discoveries 
fit,-home,, and of th^ introduction into the United States oT 



228 tHE niPUBLICAN, 

bout ; yet with well directed and persever- 
ing efibrts we may expect the same results^ 
which have crowned her pohcy and exer- 
tions, in a much shorter time, than she has 
been employed in producing them. 

Heretofore, the disordered and diseased 
state of our paper money system, has opera- 
ted very injuriously upon the infant manu- 
factures of the country ; nor can they have, 
it is believed, a fair experiment here, until 
order is restored to the chaos of bank paper, 
with which our country has been deluged. 

When such disorders prevail, labor and raw 
materials, as well as every thing else, will 
have a high and fictitious value among us ; 
and the natural tendency of it will be, that 
the fabrics and manufactured articles of those 
nations, where the price of labor and com- 
modities is regulated by the operations of a 
hard money system, or of a currency having 
a hard money basis, will be likely to be af- 

such as may have been made in other countries, particularly 
those which relate to machinery. 

9. Judicious regulations for the inspection of manufaclut' 
cd commodities. 

10. Tlie facilitating of pecuniary remittances from place 
tD place. 

11. The facilitating of the tfansportation of c#niBnoditi«^. 
0:j"See liaraiUon's Keport of Manufactures. 



TIfE REPUBLIC A2?. 2^9 

forded in our markets cheaper than our own 
fabrics of the same quality. 

Buonaparte, whose aim it was, among 
other things, to establish manufactures, dur- 
ing his consulship, abolished the disordered 
paper money system of France, to a very 
great extent, and restored a hard money cir- 
culatuig medium : and this was undoubted- 
ly a wise measure, both in regard to the 
manufactures, as well as in regard to the 
commerce of his country. 

But although the state of our currency, 
may have, in some measure, operated to de- 
press our manufactures, and to create a prej- 
udice against them, under the existing tariff 
of the United States ; yet this difficulty 
might be overcome, if our government 
would imitate, in a degree, the wise policy of 
Great-Britian in regard to manufactures. In 
that nation for the encouragement of domes- 
tic industry, the duties imposed On a great 
variety of articles, amount to a prohibition ; 
and hence, those who embark in their man- 
ufacture, having no foreign competitors to 
contend with, have the best assurances from 
government of assistance and protection. 

Should a tariff be established in this coua- 

tr 



230 THE REPUBLICAN. 

try calculated to give our manufacturers the 
privilege of the home market, at reasonable 
prices, for cotton and woollen goods, and 
some other manufactures, the policy might 
not be unwise in regard to the general inter- 
ests of the nation, nor unjust in respect to 
individuals. 

And the effect of it would be, that under 
such strong pledges and assurances from 
government, manufactures would increase to 
a surprising degree, while the competition in 
the home market would be such, that the 
sellers would of necessity be content with 
reasonable profits. 

Our Agriculturalists would derive an ad- 
vantas^e from this increase of our manufac- 
^urcs, in as much, as every establishment of 
this kind would be a market for their produc- 
tions, brought to their own doors. Towns 
and villages would spring up in the interior, 
and many inland places, which now seem to 
be on the decline, would revive and fiourisli 
with the extension of manufacturing indus- 
try and enterprize. 

That the increase and encouragement of 
manufactures, should have any tendency, se- 
rjously or permanently, to- injure (Sur ct)xn« 



THE REPUBLK^AK'. 231 

mercial itien,. is a proposition somewhat at 
war with the experience of mankind ; for 
history informs us, that the prosperity of 
raanufactures, and the increase of commercej 
have gone hand and hand together. Indeed j 
the manufactures of this country have in- 
creased greatly, since the war of the rsvolu- 
lion, and yet trade and maritime enterprise 
have by no means declined, since that period. 
In truth, the increase of population in this 
country, and the revolutions and changes 
which are taking place in other parts of the 
world, are continually increasing the trade, 
and opening new channels for the commerce 
of the nation. 

To conclude. Many individuals in this 
country entertained a hope that the late war 
with Great-Britain, would have a tendency 
to estrblish the manufactures of the nation; 
and, indeed, for a time it seemed to promise 
much in this respect. Now, however, the 
manufacturing spirit and enterprise of the 
people, seem on the point of expiring, weary 
and discouraged by unsuccessful struggles 
and efforts. Should the prospects of our 
manufacturers not be revived by the redeem- 
inp- arm of s;overnment, posterity might not 



nQO 



232 'fUE REPUBLICAN. 

be able to discern, amid the blaze of glory, 
which in reality surrounded our arms, the. 
,jiolid advantages resulting from the contest^ 



OF THE REVENUR. 



THE prejudices which existed against 
the funding system, were naturally enlisted 
against every species of taxation, which was 
considered as an offspring or consequence of 
that political scheme ; and hen^.e most, if 
not all of our internal taxes, during the ad- 
ministrations of Presidents ^Vashinoton and 
Adams, became unpopular with a consider- 
able portion of the people. Indeed, this des- 
cription of taxes, were rendered finally dis^ 
pleasing to a majority of the nation, by ^ 
considerable augmentation of them, during^^ 
the administration of Mr. Adams, in pros- 
l>ect of a French wan A stamp act, and a 
land tax, were themes of great popular ani-. 
madversion, and became more and more so, 
as the unpopuh\rity of a French war increas- 
ed. The people, associating with these 
taxes, the objects forAvhich they conceived 
them to be imposed, were led to embrace,- 



TEE KE^V-WL'ICA'llo '2SS 

political doctrines of a novel character ; for- 
the prevailing sentiraentj at one time seemed 
to be, that the pockets of the people const i^ 
tilted the best treasury of the nation. 

With a change of men, a radical change of 
measures was expected; and, accordingly, 
with the commencement of Mr. JeiTerson's 
administration, ended the operation df all the 
obnoxious taxes, which had not been pre» 
viously repealed. The duties of the cus- 
toms were now relied upon, almost exclu- 
sively, for defraying the current expenses of 
government, and for discharging the national 
debt in a limited time. 

While the commercial relations of the 
United States continued unembarrassed, this 
mode of raising a revenue answered every 
purpose: but, w^hen our comm^ercial diffi- 
culties began and continued to increase, this 
mode of taxation was found insufficient to 
answer the exigencies of government : and 
the late war brought along with itj under 
perplexing circumstances, almost all the in- 
ternal taxes and loans, which had, at a former 
period, been offensive to the people. With' 
war, however, ceased again this species of 
taxation ; . and - at this time^ the t^x&s are of' 

F- 2 . 



£3.4; THE REFlTEXXCAN-k 

the same kind, as during the first year of Mn. 
Jefferson's admmistration. " 

This historical sketch, imperfect as it is, 
serves to shed, at least, the light of experience 
lapon the topic proposed r and though it re- 
minds us of some of the fluctuations, which 
have taken place in our revenue laws, since 
the adoption of the constitution ; it implies 
no censure of the distinguished characters,, 
who have, at different times, presided over 
the affairs of the nation. The voice of the 
people at large, declared by their able and 
enlightened representatives, combined with- 
the irresistible force of circumstances, have 
caused the changes, which have, from time 
to time occuired : and we now look back: 
upon them, only to obtain light, to aid us in 
our prospective views of the subject before 
us. Thus actuated, every good and liberal- 
man, will dispassionately consider the inter- 
esting subject proposed ; and dismissing^ 
former prejudices and partialities, will bring 
to the work of examination nothing but can- 
dor and reason; and a sincere desire, calmly 
to investigate, such methods of taxation, as 
^re just and equal, and well calculated to 
promote the vital interests of commerce and 
^lan^factures^ 



tilE REPtrBIICA?^. ^Sj 

As the legitimate end of government, is 
{he happiness and security of the people ; 
and as this happiness and security cannot be 
attained, without considerable expense and 
disbursement ; it is evidently right and pro- 
per, that the people should contribute, ac-^ 
cording to the respective abilities of each, 
towards the support and maintenance of 
those institutions and reeulations, which 
have in view, the promotion of their best 
interests. By sating that each individual 
ought to contribute, according to his ability, 
towTirds the support of government ; it is to 
be understood, that every free person ought 
to pay, as nearly as possible, in proportion 
to the rights and interests which he may 
have, under the protection of the laws. 

If there are forty different owaiers of a ship 
and cargo, and the interest of each in the 
concern, is different in amount, from that 
of his fellows ; and the question is, how 
much each owner is to pay, towards the e:^« 
pense of arming, equipping, and sailing the 
vessel ; the answer is ready, that every one 
must contribute, in proportion to the inter- 
est he has in the bottom. 

In the case supposed, however, only a 
pecuniary interest is at stake ; but in civil 



236 THE H E P U E L I C A r7 . 

society, we have not only property at stake, 
but, also, life, liberty, and reputation. — 
Each individual, let his property be little or 
great, has ah equal interest with his fcllow- 
Gitizens, in the preservation of thi:se impor- 
tant possessions. Nay, farther, every indus-- 
trious individual, has also, a property in the 
fruits of his own labor, and in that of his 
children, which serve, still more to equalize 
his interest in the maintenance of order and 
good government. 

These combined views in relation to pro 
perty, and to life, liberty, and reputation, 
serve to indicate the ex^tent to which all have 
an equal interest in the maintenance of gov- 
ernment ; and to mark the point at which a 
diversity of interest commences, in regard 
to property. And the conclusion to be drawn 
from the whole is, that to a certain extent, 
all free individuals are liable to be taxed to 
the same amount, in regard to an equality 
of interest ; but beyond this point, contri- 
butions are to be in proportion to pecuniary 
ability. 

It would be difficulty however, if not im- 
possible, to balance the argument so nicely^ 
as to ascertain how far the taxes of the Unit- 
ed States, ought to be equally levied upon 



T»E REPUBXICA 



2ST 



all the citizens, in respect to the protection, 
afforded by the government of the United 
States, to their lives, liberties, and reputa-^ 
tions : but it will be readily admitted, that 
this principle of taxation ought to operate, 
much more extensively, wilder the state gov- 
ernments, than under that of the United 
States. And as it would be exceedingly 
difficult to draw this line with precision, per- 
haps much is not hazarded in saying, that 

the taxes of the United States cannot be bet» 

ter levied, than m respect to the pecuniary^ 

ability of each citizen. 

Having premised this as a principle, whicb 

is to guide us on our way, let us inquire. 
First. In what mode the taxes of the 

United States can be the most correctly ap- 

portioned upon individuals, in reference to. 

the property of eachw 

Seeonaly, What course of taxation is 

best calculated, to aid the great interests, of 

commerce and manufactures. And, 

Thirdly. What sources of taxation ar^ 

best adapted to insure to government a per=. 

Bianent and lasting revenue, beyond the 

Ecach of ordinary casualties. 

I. In what mode, then, can the taxes of 

&e United States, be most correctly appor.^. 



238 THE REPUBLICAN. 

tioned upon individuals, in reference to the- 
property of each ? 

It has been generally thought, that the 
duties of the customs operate as a very fair 
and equal mode of taxation ; each individual 
having it m his power to pay much or little, 
according to the amount of taxed articles,, 
which he chooses to consume. But it is 
not to be forgotten, that long habit and cus- 
tom have rendered many foreign commodi- 
ties necessary, which are not so in a Spartan 
sense of the word, and the use of which can-- 
not be dispensed with. 

If the consumer actually pays a tax upon 
all these necessaries of life, so far as these 
necessaries are taxable, he pays as much to 
the support of government as the rich and 
affluent citizen : and though it be true, in 
some cases, that the rich consume much 
more than the poor, and in this Wciy contri- 
bute more to the support of government ; yet 
a difference of this sort will be found to exist 
more strikingly between the extreme rich 
and the extreme poor, than between the rich,. 
and such as may possess a small and com- 
fortable property. 

An individual in this country, whose in- 
come, either from his monev at interest, froH-k 



T rl E K h P i^ B L 






I,.i::, :ia:c.v}% or his pursuits in tradCj does not 
exceed a thousand dollars a yearj has fre- 
quently a disposition to expend for the de- 
eent and resneGtable supDort of himself and 
fiimily, and without being extravagant, as 
iriiich af: ■-:' uidividiuil, having five times his 
income : aiid whenever this is the case, the. 
poor '".'-I pays towards the support of gov- 
■ ernL:'.ivi, ave times as much, in proportion 
to h^a property, as the rich man. 

To illustrate the unequal operation of- the 
duties of the customs still further, the case 
may be supposed of a respectable mechanic^ 
who lives by the profits of his trade, and 
maintains his wife and children frugally and 
decently. Such an individual consumes m 
his family iwentj-four pounds hyson- skin 
tea, twenty pounds colFce, one hundred and 
twelve pounds W . I. sugar, fifty pounds loaf 
sugar, four yards good broadcloth, six yards 
common broadcloth, twenty yards flannel, 
fifteen yards calico, six yards lustring, six 
pairs of stockings, one piece of Irish linenj 
and twenty yards foreign cotton cloth. The 
duties on these articles will amount r: ckon- 
ing the duty on the raw sugar, out ci which 
the loaf is manufK;tured, to about fojty dol^ 
hjs. This mechjuiic has a rich neighbor 



liO THE REPITBLICA']^". 

worth one hundred thousand dollars, who 
uses the same quantity of foreign commodi 
ties, and of course pays no more to the sup 
port of the federal government. If howev- 
er, this amount of duties, was collected of 
each of these individuals, at the year's end, 
en ma.fs, by the tax gatherer, the glaring in- 
equality would be perceived : but as it is, it 
is not noticed, for the buyer^ never stops tQ 
separate the real price of the commodity he 
consumes from the additional cost, paid in 
consequence of the duty imposed upon it. 

These remxarks may be enough to satisfy 
us, that the operation of the duties of the 
customs, is unequal in regard to the proper- 
ty of individuals ; and may lead us to in- 
quire, in what way taxes may be more equal- 
ly apportioned. 

If, Vy ith a view, however, of reaching the 

rich, luxuries should be extravagantly taxed, 

the consumption of them would be dimin- 

ished, while frauds upon the revenue would 

be multiplied, and thus the receipts at the 

easury would be reduced. On the other 

and, if, with a view of relieving the poor 

i,nd middling class of community, the duties 

hould be entirely removed from the neces- 

oaries of hfe, and be suffered to remain; a? 



thje republican* 2tl 

'^tpfcsent,on the luxuries of life, there would 
be a great deficiency in the public income, 
and a greater inequality in the operation of 
taxes, than under the circumstances sup* 
posed. To ensure a revenue, therefore, and 
at the same time to apportion the duties of 
the customs, in conformity with the princi- 
ple premised, it would seem to result, that 
luxuries" and superfluities, should be liberal 
ly taxed, while the necessaries and comfort's 
of hfe should be sparingly taxed : and if, a 
course of this kind, would not produce a suf- 
ficient revenue, a moderate system of in- 
ternal duties, calculated to Ml exclusiveljr 
upon luxuries and superilnitles, and upon 
the property of the aiHuent portions of com- 
munity, might be resorted to. In this way, 
the laboring poor would pay less, compara- 
tively, than at pi^sent ; the man in moderate 
circumstances would not pay more, while 
a prosperous merchant, a Substantial far- 
mer and a planter in affluent circumstances, 
would pay more, in proportion to their pro- 
perties, than under a system of duties result 
ing entirely from the customs. 

llr What course of taxation is best cal- 



w 



i^l2 TH£ REPUBLICAN. 

culatcd to subserve the interests of corn- 
-inerce and manufactures ? 

In regard to commerce, the long credits 
given by government to our merchants foi* 
duties, are of great service to them, inas- 
much as these credits augment their capi- 
tals. 

The additional duty imposed in this coun- 
try upon merchandises, imported in foreign 
vessels, usually denominated a discrimina- 
ting dut)^ is a wise general regulation ; and 
obviously favors the extension of American 
commerce. 

In addition to measures of this descrip- 
tion, which are so wise and prudent, no sen- 
sible man, wi4l now undertake to condemn 
such duties and taxes> .ns are necessary to 
be raised and collected for the support of a 
navy ; in order, that the corrftnerce of the 
nation may be tlie more surely maintained 
tmd protected. Nor will an intelligent peo- 
ple refuse to contribute to the expenses of 
^breiQ:n embassies, and the -ebtablishment of" 
consulates, in various parts of the world, f®r 
the accommodation of commerce and com- 
mercial men : neither will they refuse liberal 
appropriations for the fortification of our 
maritime towns and frontier, or even hesitafr. 



T-irs REvFUBLiCAN.- 2.4S 

ta;'encounter all the hazards and expenses . 
of a \var, for the protection of commercial 
rights, whenever such a step shall be deemed 
just and expedient. Indeed, nothing can be 
more apparent, than that the government of. 
the- United States, from the earliest periods,, 
has wisely accommodated the imposition of 
public duties and taxes, to the encourage- 
ment of commerce ^ and has liberally ex- 
pended the avails of the revenue, in extend«- 
ing, protecting, and defending it. 

In pursuing this course the good of the 
nxition at large, has been consulted ; and it 
need not be added, that the commerce of this , 
country ought to continue to receive, as it 
has done heretofore^ the fostering care and; 
attenrion of the goyerimicnt. 

Liberal minded mei>^ will horrever reOcct, . 
that commerce is not the only interest which' . 
claims the attentioa of a governm.ent : man- 
ufactures are highly important to every com- 
munity, and deserve to share the public at-- 
tention and patronage. It remains, therefore, 
to be inquired, in what manner the revenue 
laws of a country, can be made instrument 
tal in promoting thg. . iQla:c§t;s .of. luaoufac^. 
tures, . 



:244 THE REPUBLICAN. 

Jslost countries, wiih a view of ei^Qpur- 
ngeing their nianufuctures^ have resorted to 
modes of taxation as a means for such pur- 
poses : and accordingly tl ey have imposed 
very high duties upon such foreign articles 
as might be wrought at home. In this way, 
in other countriesj the duties of the customs 
!>ave been rendered subservient to the in- 
terests of domestic industr}'. 

The British nation, in a particular manner, 
has pursued this plaa in aid Qf their manu* 
iactures with great success : and the same 
policy ma^' be weH worthy of i^mitation, to a 
certain extent, in other countries, with a 
view of establishing manufactures. And if 
the pursuit of it will necessarily diminish the 
revenue, arising from the duties of the cus- 
toms; other modes of supplying the defi- 
ciency must be sought out ; and, it remains 
to be inquired', v\ hether a moderate recur- 
rence to internal, taxes be not,- under all cir- 
cumstances, the most eligible mode of pro- 
viding for a deficiency. Indeed, il by a 
moderate system of inteJiial taxes, the rising- 
man uflvctu res of a nation can be sustained, 
and at the same time the taxes be more equal- 
ly apportioned amon^g the people, the objec^ 



tibns to this mode oF taxation must be les- 

sened. 

If, howevei- the imposition of High duties 

should stop up any particular channels of for-. 

eio-n tmde, the versatile genius of commerce 

would soon accommodater itself to theckinge, 

and find out new avenues for enterprise. 

And when internal taxes- are resorted tOj for 

supplying the deficiences, arising from this 

obstruction ; it is a substantial consolation to 

know, that taxes are not indeed increased ; 

-But only paid into the treasuiy, in a differ. 

ent shape. 

III. ' What sort of taxes are best calcu- 
lated to insure to government a permanent^ 
irnd lasting re v^-nue, free from accidents 
arid casualties ? 

A nation which raises all its revenue from 
the duties of the customs, will find its in- 
come liable to Buctuations and accidents. 
A. war may derange a system- of this kind> 
and, as has beeiv^een in this country, dry up. 
the sources of supply ; compelling govern^ 
ir^nt, in a season of embarrassment, to re- 
sort to internal taxes. To be obliged to pro = 
vide, almost entirely, a new system of taxa- 
tion at the commencement of a war^ must 



246 THE REPUBLICAK. 

be, consldeilng, tlie unpopularity of all new 
taxes, attended with manifest disadvanta- 
f>'es, 

A govern tneiit founded upon correct prin- 
ciples, and correctly administered, will be iii 
some measure prepared for war, as well as 
peace ; and that system of taxation, there- 
fore, seems to be somewhat censurable, 
which requires a radical change, upon the 
breaking out of hostilities. 

The ailairs of a great nation, in many ca- 
ses, may b« with propriety conducted upoa 
ihe same principles, which influence the con- 
duct of ai^i intelligent individual, who wishes 
to be as independent in his circumstances as 
possible. Such an individual will always 
be desirous of. putting his affairs in such a 
situatioDj as to ensure to himself an income, 
as far beyond the reach of contingencies as 
possible : in fact, a wise and discreet econo- 
mist will strive to make such arrangements, 
as will ensure competent resources in any c- 
vent of fortune. 

A system of internal taxation is, surelj", 
more out of the reach of casualties, than a 
revenue depending entirely upon foreign 
commerce. And even in times of peace, a 
reduetioR of the duties upon foreign lieces- 



THE REPUBLICAN. 24T 

saxies, might be well made up by a moderate 
system of internal taxes. Such a modifica- 
tion would not increase the taxes of a peo- 
ple generally, but would shift them off of 
the shoulders of the poor, in some degree, 
and add them upon the properties of the 
rich. But the principle advantage, which 
might result from such a modification would 
be, in the establishment of the machinery of 
a system of internal taxation calculated to 
be applied, with a greater or less degree of 
scope, as the exigencies of the government 
might require. Such a modification might 
render a nation more secure, on the score of 
revenue, against sudden and unexpected 
interruptions of trade and commerce. 

From what has been observed, in relation 
to internal taxation, the impression is not to 
be imbibed, that an augmentation of the 
taxes in the United States is desirable : the 
utmost scope of these remarks extend no 
farther, than to suggest, as a matter of 
consideration, some reflections, tending to 
show that taxes ought to be somewhat 
equal in respect to property ; subservient 
to the interests of manufactures; and, at 
the same time, such as will place the pub- 
lic revenue, as far as possible^ beyond the 



:2i8 , THE REPUBLICAN. 

reach of sudden derangement and fiucfiil 
tion. 

The subject of internal taxation has been 
connected with^ the preceding observations 
with the less rehictance, on account of the 
historical sketch which has been premised. 
From this it appears, that taxes of this des- 
cription have, under various circumstances, 
received tile approbation of some of the 
most illustrious statesmen of our countrj'o 
Indeed when it is considered, that the taxes 
levied under the state governments, are gen- 
erally, in their kind, direct taxeSj and that 
no complaint is made of them by the peo- 
ple, it is driii<:ult to discover, in. wliat man- 
ner the same sort of taxation under the fed- 
eral government, can be liable to objection.. 

It is true, that the exj>ense of collecting 
this kind of taxes, is something mt>rej than* 
what attends the collection of the imposts ; ; 
but this inconvenience, inconsiderable in it-* 
self, is counterbalanced by the representa- 
tion proceeding from the slave holding states. 
An inconvenience which was supposed to 
be compensated to the non-slave holdin 
states, by a proportionate liability on the 
part of the former, to contribute to the direcrt 
taxes of the nation. 



CLASS II. OF PART IV 



f^KN^ilAL aBSEIlVATIONS ON THE IMPORTANCE 
OF PUBLIC CREDIT— AND ON T^^ COIN AKB 

CURRENCY OF A NATION. 

NOTHING is, perhaps of more impor- 
tance in national economy, than a proper reg- 
ulation of the money currency, and a perfect 
establishment of the public credit i for upon 
these depend the value of land, labor and 
Gommditics ; and the ability of drawing from 
the coffers of private citisens, pecuniary sup- 
plies, for suddcrn emergencies. Every na- 
tion, therefore, which consuhs its own' pros- 
perity, will endeavor to establish, both its 
credit and its currency upon such founda- 
tions, as will most effectually promote its 
great and essential interesti/ 

Every subtantLil freeman, also, in this re- 
public, who takes an interest in its present 
prosperity and future happiness, seems to be 
tinder an obligation to pay some attention to 
it^ financial concerns : in order that he may 



250 THE REPUBLICAN. 

know when to discourage sinister specula- 
tions, projected at the public expense, and 
when to inve aid to such fiscal arran2:ements. 
as have the public prosperity for their end. 

The pecuniary credit of a nation, when 
free from blemish and out of the reach of 
suspicion, is a sure resource, in times of dif- 
ficulty, because both the dictates of patriot- 
ism and interest will co-operate to render 
affluent citizens liberal to supply the wants 
€if government in an hour of need. 

The citizen, however, before he parts 
with his money to government, will widely 
look around him, and examine the, nature o? 
the security he is to receive for the repay- 
ment of the sum he lends, and the interest. 
This security will be found to. rest in consid- 
erations connected with the probable perma- 
nency *of the government ; in its honor and 
justice; and in its ability to make, by way of 
taxes, stable, adequate and regular provis- 
ions for the public debt. In proportion, 
therefore, as confidence is wanting in regard 
to any of these particulars, public credit will 
decline, and a state of distrust and j>erplexity 
will ensue. These observations are, how- 
ever, peculiarly appliable to the state of pub- 
lic credit in this country. In England the 



THE R£ PUBLICAN. 251 

public credit rests upon a foundation some- 
v/hat different : for there, so long as a confi- 
dence exists, that government will have it in 
its power to raise taxes sufficient to pay the 
interest of the debt, the public credit is sus- 
tained, and the value of the stock kept up ; 
though the expectation of its redemption by 
government, may have long since subsided. 

So immense is the debt of England, that 
a vast proportion of the property there, is de- 
pendent upon the public credit and justice, 
for its*A'alue : and should the government be 
unable to pay the interest of their debts, a 
great revolution in the property of Great 
Britain would be the consequence* 

In England, it is a dread of a revolution of 
this kind, which, in a measure, sustains the 
credit of the nation : for he who has a large 
property always in the funds, the value of 
which depends upoji sustaining the opera- 
tions of government, will not refuse to lend 
an additional sum, upon the principle of se^ 
curing his existing interest. 

But happily, this is not the case in Ameri- 
ca : for here the public debt has an actual 
value, arising from the ability and i^iclina- 
tion of the nation to pay both principal and 
^.nteresto And so long as this ability and in- 



S52 THE REtUBLlCAK. 

clination remains, or the prospect of its du* 
ration is undiminished, the credit of the 
nation will be on a good footing* 

There is, however, one circumstance in 
relation to the public credit, which ought 
not to be overlooked, and this is intimately 
connected with our revenue system. In pro- 
portion as our annual revenue is liable to 
fluctuations, the public credit will be affect- 
ed : for if, owing to accidents, the govern 
ment should not be able to pay the interest, 
and the stipulated portion of the prinoipal of 
the public debt, for successive years, from 
the avails of the ordinary revenue, this want 
of punctuality would be detrimental to the 
public credit. Such a revenue system, 
therefore, as will enable government to ac- 
cumulate from one branch of revenue, what 
may be deficient in another^ will always pro- 
mote the public credit. 

In addition to these considerations, public 
cfedit must also depend upon a proper regu • 
lation of the coin and monied currency of a 
nation ; for if they suffer these to depreciate 
in value, the obligation of both public and 
private contracts are impaired, and public 
and private creditors are compelled to re- 
ceive, upon titieir securities aud obligationS|» 



THE REPUBLICAN. 253 

mkch kss than was originally stipulated to 



be laid. 



T6 exemplify this, needs only to conjee- 
ture that an individual m 1820 sells an es» 
tate, or loans a sum of money, to receive his 
pay in 1830 ; before which government adul- 
terates the quality and reduces the weight of 
its coin; and thus reduces the value he was 
to receive in a corresponding proportion. 

If creditors are injured thus by the debase- 
ment and diminution of the weight of the 
national coin, it will not escape the intelligent 
reader, that the same injuries may be brought 
about by an extraordinary augmentation of 
the paper money of a country, and that the 
obligation on the part of government to guard 
against both, evils is equally apparent, both 
in respect to private contracts, and public 
credit. 

In Europe the value of the precious met- 
als has undergone great depreciation, from 
their accumulation, consequent upon the 
discovery of new mines, particularly those 
of South America ; insomuch that Mn 
Hume thinks, that in his time, they were 
not of more than one tenth of the value which 
thej possessed in the time of the Norman 



3.54 THE REPUBLICAN. 

kin^. Against a depreciation of this kind> 
it may be difficult, if not impossible to guard; 
luid indeed, when it is slow and gradual, it 
may be of no disadvantage to the commer- 
cial world, on account of the spur it gives fo 
enterprise and business. 

But arbiti'Ury princes, heretofore have Re- 
sorted, from time to time, to artificial modes 
of diminishing the weight and value of their 
coin, highly injurious to their subjects, and 
which never ought to be tolerated by any 
just and free people. 

Formerly, in the days of the Norman 
princes, an English pound sterling contained 
a pound, tower weight of good silver. So 
likewise, in the time of Charlemagne, the 
French livre, was an actual |>ound, troy- 
weight of silver. And the Scot's pound, for 
a considerable time, was of the same weight 
and value of the English pound sterling. A. 
penny, in former times, was a penny weight 
of silver, and the shilling, also, seems to have 
been originally the name of a weight, as 
may be infered from the phraseology of a 
statute of Edward III. : " fVheti wheat is at 
twelve shiilhigs the quarter j then xvastel bread 



XHE RE PUB LI CAS". 255 

of afarthmg shall weigh eleven shillings and 
Jour pence y (a) 

Owing to the practice alluded to, at this 
time, it is supposed in England, that the 
several denominations of money do not con- 
tain more than one third of their oHginal 
weight, and when this diminution in weight 
is taken into consideration with the great 
depreciation in the value of the materials of 
coin, the real diiTerence in value, between 
the present and former days, must be very 
great. 

In the present situation of the world a fur- 
ther depreciation in the value of the precious 
metals is not to be calculated upon from aa 
increase of their quantity : indeed, since the 
days of Philip and Mary the value of En- 
glish coins has undergone little or no depre» 
ciation. For aught that appears, then^, 
nations have it now in their power to impart 
a permanent and settled value to their vari- 
ous denominations of money, and thus to 
establish a fixed and determinate value, to 
their respective money units. In truth 
this is already done ; and the only duty 
which seems to remain is to prevent that 
value from being unsettled by extravagant 

(^aj) Wealth of ^''Jitions, book I. chapter lYv 



^56 THE REPUBLICAN. 

schemes of paper credit, and wild and exten- 
sive projects of banking. 

In a course of general observations it mny 
not be improper to notice here a remark, 
Tvhich is received by many, as an axiom in 
political economy. 

It is said that an increase of money is al- 
ways favorable to the prosperity of a nation, 
and that the decrease of it, will produce a 
contrary effect. This proposition, which 
has been admitted to be correct, to a certain 
extent, is nevertheless to be received (to use 
the words of a very grave and ancient lawyer) 
*^ with manv srrains of allowance." Mr. 
Hume in his '* Essay on Money," advances 
as a principle, that it is of no importance to 
a nation, considerint^ it to be insulated, 
whether the amount of money which it cir- 
culates be little or much : for in proportion 
as the coin is increased or diminished, a grea- 
ter or smaller number of pieces of it, will 
only be necessary to circulate property and 
commodities. But he, also, admits that die 
increase of money may be, for a time, bene- 
ficial to the community, by giving a spring 
to industry and enterprise. The price of 
property, he says, does not immediately rise 
with the increase of money ; but the increase, 



THE REPUBilCANa _ 257 

of sTioney, after its influence is felt, gradually 
leads the rise of property. Thus when large 
portions of money are poured into a country, 
from mines or other sources, those who own 
it can extend their business, multiply their 
enterprises, and consequently employ more 
workmen and artisans, and buy up more of 
the produce and manufactures of a country- 
to export. This increased demand for labor 
and commodities, naturally and by degrees 
begins to enhance their prices, and this con- 
tinues to be the case, until they catch up to 
the increased quantity of money. When 
this point, in the rise of property, is attained, 
the proportion is restored between the price 
of commodities and the quantity of money : 
and then matters proceed in the same man- 
ner/ as wiien there was but half the amount 
of money in circulation. 

But when the tide of gold and silver 'begins 
to ebb, Mr. Hume attributes tlie distress and 
embarrassment, which is the natural conse- 
quence of it, to the want of a speedy adjust- 
ment and accommodation of the' prices of 
things, to the change in the quantity of 
money. He tells us that the workman h«s 
liot the same employment from the manu- 

Y O 



258 THE republica:n'. 

iiicturer and merchant, though he pays the 
same price for every thing in the market: 
the farmer cannot dispose of his corn and 
cattle, though he must pay the same rent for 
his land : and so on. But a greater source 
of distress than these, arises, it is apprehend- 
ed, from the necessity men are under to pay 
debts, contracted when things were at the 
highest prices, with the proceeds of property 
disposed of at the lowest rates,- Thus, it 
frequently happens, in the course of the 
changes to which trade and speculation are 
liable, that a merchant, who to day supposes 
himself possessed of property enough to pay 
all his debts, and more ; finds in the end, that 
from a depreciation in his property, he is in- 
solvent. Changes of this kind, not only 
aiect the debtor, but the creditor, for what 
the debtor is unable to pay, the creditor 
must \(t>ose.{^aJ 

faj Hume's Essay on Money. 

Vicissitudes like those alluded to iu the text, and many 
others which might be named, arising from causes beyond 
the-tfontrol of the most discerning and prudent individuals 
seem at least to suggest tne justice of some well regulated 
system of bankruptcy. Nor can it be inexpedient in regard 
to the public interest, or in regard to the interest of private 
creditors, to exonerate honest and unfortunate merchants 
»nd traders from the thraldom of pecuniary embarrassments* 
jn this way they will cease to be dead weights upon society. 



THE REPUBLICAig-, 259 

But if this be a correct view of some of 
the consequences, attending the increase and 
decrease of hard money ; the same remarks 
are equally appliable to the increase or de- 
crease of paper money. And when we take 
into consideration every circumstance, which 
attends a fictitious augmentation of a paper 
medium ; we may be inclined to think, that 
more is lost by the reaction, consequent upon 
its diminution, than is gained by the excite- 
ment, arising from its accumulation. 

Indeed, if we pay a proper degree of res- 
pect to the opinions of Mr. Crawford, the 
secretary of our national treasury, we may 
be inclined to believe, that the foundations of 
public credit may be sapped ; the patriotic 
spirit of the citizens impaired ; and the fru- 
gal notions of a republican people destroyed, 
by an inordinate swell of paper credit. This 
able political economist and statesman re- 
marks, in his late report concerning banks, 
what cannot be too often transcribed and re- 

and be converted into active bees in the political hive. 

Their effects, at the same time, will be equally and justly 
distributed among their creditors, to the exclusion of that 
system of snatching, which takes place in some of the states 
where the most vigilant, or the most favored, and some- 
times the most unfeeling creditor, secures himself at the 
expense of the v^st-^Mte of the Author, 



260 THE REPUBLICAN. 

iterated, and what we now take the liberty 
to interpolate here, emphasising the conclud- 
ing sentence. 

**The general system of credit, which has 
"been introduced through the agency of 
"banks, brought home to every man's door, 
"has produced a fictitious state of things, 
" extremely adverse to the sober, frugal, and 
" industrious habits which ought to be cher- 
"ished in a republic. In the place of these 
** virtues, extravagance, idleness, and the 
" spirit of gambling adventure have been 
" engendered and fostered by our institu- 
" tions, So far as these evils have been pro- 
educed by the establishment of banks, where 
" they are not required ; by the omission to * 
" impose upon them wholesome restraints ; 
"and by the ignorance or misconduct of 
** those who have been entrusted with their 
" direction, they are believed to be beyond 
** the control of the federal government. 

" But the federal government has, by its 
"measures, in some degree, contributed to 
" the spirit of speculation and of adventurous 
" enterprise, which, at this moment, so 
" strongly characterise the citizens of this 
^* republic. The system of Credit, which. 



THE REPUBLICAN. 261 

** in the infancy of our commercej was indis- 
" pensable to its prosperity, if not to its ex- 
** istence, has been extended at ^ period 
*' when the dictates of sound discretion seem- 
^' ed to require that it should be shortened. 
** The credit given upon the sales of the na- 
^* tional domain has diffused this spirit of 
** speculation and of inordinate enterprise 
"among the great mass of our citizens. The 
** public lands are purchased, and splendid 
*" towns erected upon them, with bank cred- 
** its. Every thing is artificial. The rich 
** inhabitant of the commercial city, and the 
*' tenant of the forest, differ only in the ob- 
**ject of tlieir pursuit. Whether Commerce, 
** splendid mansions, or public lands, be the 
*' object of desire, the means by which the 
'' gratification is to be secured, are bank. 
" credits. 

*' This state o^f things is no less unfriendly 
*^ to the duration of our republican institu- 
'-' tions, than it is adverse to the development 
*'of our national energies, when great emer- 
*' gencies shall arise ; for, upon such occa- 
*' sions, the attention of the citizen will be 
•^* directed to the preservation of his property 
" from the grasp of his creditors, instead of 
^' being devoted to the defence of his ciountry. 



!2t52 THE REPUBLICAN. 

" Instead of being able to pay with promptl- 
^*tade the contributions necessary to the 
^* preservation of the state, he will be indu- 
*' ced to claim the interference of govern- 
V ment to protect him against the effects of 
** his folly and extravagance. 

*^ This ought not to be the co7jdition of a 
" republic^ xvhen menaced by for elgii farce or 
** domestic commotion,^^ 

In the general observations which have 
been offered in this essay, no intention exists 
of lavishing reproaches upon the errors or 
accidents of former times. The only object 
is to discover some of those land-marks 
which are to guide us for future : and as to 
existing evils, we must make the best of 
them, taking care to guard against their in- 
crease. 

Nothing is more natural than for enter- 
prising men to avail themselves of every 
honorable facilitj^ to push their projects and 
enterprises ; nor do they recur to what will 
be the ultimate effect of the means they use, 
upon the general interests of society. 

But it is the duty of every wise govern- 
ment to foresee consequences, and to guard 
by moderate and prudent measures against 
future evils. 



THE REPUBLICAK-. 263 

In this country it has been honestly and 
repeatedly asserted in relation to banking in- 
stitutions, that the government cannot, with 
propriety, refuse the privilege of a bank to 
one set of individuals, after having granted a 
similar favor to another : proceeding upon 
the notion that no exclusive privileges are to 
be granted, in a state where equal rights, 
among the people are recognised. This is- 
undoubtedly a very plausible observation, 
and to a certain extent no less true than plau- 
sible. But when it is considered that no 
government whatever, is bound to grant 
privileges to private individuals, which in 
die end will produce a public mischief, the 
argument alluded to, will be subject to very 
essential qualifications. 

In the succeeding numbers of this class, 
we shall endeavor to illustrate how far public 
and private interests coincide in relation to 
banks : some remarks upon the establish- 
ment of a mint will be offered : and the sub- 
jects of a national bank and a national debt 
will be briefly considered : all of which are 
branches of our fiscal policy. 



^64 THE REPUBLICAj;, 

^SSAX 11. 

OF THE NATIONAL CURRENCY, AND THE ADVAN= 
TAGES AND DISADVANTAGES OF BANKS. 

IN discussing the subject before us, we 
shall, in the first place, attempt to explain the 
use of hard money ; secondly the value of 
it : and thirdly, we shall inquire after the ad- 
vantages and disadvantages of banks and pa= 
per money. 

In the first place, money may be denom- 
inated a tool or implement, by means where- 
of the operations of trade and commerce are 
facilitated ; or a medium through which in- 
dividuals effect exchanges of one sort of 
property for another. For example, ah indi- 
vidual having a horse, sells it to a A. for an 
hundred silver dollars, and with this money 
he buys B's. oxen, and B. with the identical 
pieces of silver, purchases C's. good merino 
sheep, and C. with the same cash, purchases 
from D. his five cows and thus, through thfe 
medium of this hundred dollars, property to 
the amount of four hundred dollars is changed 
from one hand to another, among several per- 
sons. This is the use of monev, and hence 
it is called the circulating medium. It is 



THE REPUBLICAN/ 265 

contTnually passing from hand to hand, and 
furnishing, in every transition, a medium of 
exchange. 

Before we proceed to inquire as to the val- 
tie of money, it may not be amiss to remark, 
that the foregoing illustration demonstrates a 
small quantity of money to be sufficient, for 
the exchange of a large amount of prop- 
erty. 

Thus much of the use of money, and 
now of its value. And here it may be gen- 
erally observed, that one essential quality ot 
money is its intrinsic value. Hence all com- 
mercial nations have esteemed gold and sil- 
ver to be the best materials for coining fion- 
ey. 

But in regard to the value of money, there 
is a plain distinction between its value to an 
individual, and its value as a national prop- 
erty. 

As it appertains to an individual, money 
is certainlv the most valuable thins: he can 
have, on account of the power it gives him 
to procure all other things. But so far as 
money is necessary to constitute the circula- 
ting medium of a nation, it constitutes no 
part of the riches of that nation ; on the oth* 

Y 



26Gf THE HEPUBLICAN, 

cr hand, it is a charge upon it ; in as mucii 
as a nation is at great expense of labor and 
commodities, to procure bullion, and after- 
wards to convert it into coin. Indeed, so f\\r 
as money is necessary to supply the circula- 
ting medium, it is a tool, the materials of 
ivhich must be purchased, at the expense of 
an equal value of the goods and necessaries 
of life. 

This distinction, relative to the value of 
money, must be apparent upon a moments 
reflection ; but another illustration may ren- 
der it still more plain. 

Every skilful and prudent mechanic, when 
he sets up trade for himself, will not expend 
more for his tools, than is absolutely neces- 
sary ; because every purchase of this kind 
abridges his active capital, and is an indirect 
drawback upon his profits. His tools, in 
themselves, are an unproductive property, 
continually wearing out and lessening in 
value. In like manner the current coin of a 
nation does not, of itself, increase, but is con- 
tinually diminishing in its value ; it produ- 
ces in itself no revenue, but on the contrary 
is a continual charge upon the nation. The 
nation never eats, drinks, or wears it^ but has 



THE REPUBLICAN, 1^67 

to part with a portion of its useful cotiiinQ" 
dities, in order to procure it. 

If these remarks are correct, it is evidently 

the policy of every well regulated and pro- 
vident nation not to encourage the extenhiou 
of their circulating medium, beyond the ac- 
tual wants of the public. 

Should, however, more gold and silver 
accidentiy fiow into a country, through the 
channels of commerce, than should actually 
be wanted to supply the drculatiiig medium, 
the surplus, not wanted for the purposes of 
domestic exchange, would immediately Sow 
off through the same channels into other 
countries, where it might be more wanted, 
on account of som.e temporary denciency in 
the precious metals. 

Little or no danger, therefore, is to be ap- 
prehended from a redundancy, in t'nc hard 
money currency of a iTalion ; because moiie} , 
like water, when unobstructed in its natural 
current, will seek its own level and equalisr: 
itself. And wherever a hard money cur^- 
rency exists, all commodities being measur^ 
ed by such a standard of value, will be found 
to have their real coincide with their nominal 
prices. And the good effects of such a 
state of things will be immediately percep- 



268 XHE REPUBLICAN. 

tible, up6n a comparison of the value ql 
commodities in such a country, with the 
value of commodities in other hard money 
countries, because a commerce between 
such a nation, and other hard money coun- 
tries, will proceed upon a basis, resting in 
the natural and real value of things. 

But the introduction of pap^r, as the rep. 
resentatlve of gold and silver, upon banking- 
principles, has always had a tendency to over- 
turn this desirable basis. By this rem.ark, 
we are led to consider the third branch of 
the subject proposed, viz:— The advantages 
and disadvantages of banks, and of paper 
nioncy. 

Commercial communities have seldom 
been content with a hard money currency, but 
they have resorted, through the instrumen- 
tality of banks, to a paper medium, by ^vhich 
the circulating currency has been frequentlv 
i.n(:reased, to an extent exceedingly preiu- 
dicial to the interests of agriculture, manu- 
factures, and commerce. 

The abuse of banking institutions, how^ 
ever, furnishes no argument against ?t Vvcil 
rcgukUed banking system. Indeed it is the 
If^gitimate object of all banking iKsfitutions-, 



THE REPUBLICAN^ 269 

to help, and not to hurt the prosperity of a 
count r}'. And if a banking syJitem, in iMiy 
country, is well managed, very considerable 
public advantages will result from it, and the 
trade of the coiintry v/ill be increased by it. 
But it may be asked, in what manner will a 
•vvell regulated banking system produce this 
effect ? And to this it may be answered : 
because it enables the merchants and traders 
of a country to take a portion of that gold and 
silver, which, without banks, they must Iiave 
by them at home, to make purchases, and 
pay debts, and send it away to foreign coun- 
tries, to purchase commodities there, sup- 
plying the place of this absent money by 
bank paper. And in this way, a portion of 
that gold and silver, which was constar^tly 
wanted, to supply the circulating medium at 
home, may be sent to India, or any other 
part of the commercial world, and exchang- 
ed for foreign commodities. Thus a portion 
of that silver and gold, which was unproduc- 
tive at home, is converted into a producti\ e 
commercial capital. 

This is the advantage which a community 
derives from banks; and if an idea so sim- 
ple wants the support of authority ; that sup- 

y .2 



270 THE REPUBLICAN,- 

\^ort may be derived from the writings oi 
David Hume and Adam Smith. 

Upon the notion assumed, it is evident 
that the issues of bank paper ought never to 
exceed the amount of gold and silver, sub- 
ducted from the circulatine: mlantitv, for the 
purposes of foreign commerce, added to the 
amount kept in the coffers of the banks ; for 
ihQ moment they do, the currency, in a de- 
gree, becomes fictitious and artificial, antd 
the advantages designed to result from bank- 
ing institutions, are at an end, and the dis- 
advantages attending these establishments 
commence. 

But it may be here inquired, if the a- 
jiiount to be supplied by banks is not to ex- 
ceed the amount subducted for the purpo- 
ses of foreign commerce, how are the banks 
themselves to obtain an interest for their cap- 
itals ? since the profit of every bank depends 
upon its loaning a larger amount of money, 
?han the amount of its actual capital. This. 
question is easily answered by a supposition. 
Suppose that to supply the circulating me- 
dium of the United States, fifty millions of 
hard money, were requisite, and it should be 
thouijht advisable to supply the place of half 



THE HEPUSLICAK. 271' 

this amount by paper, in order that an equal 
amount of hard money might bt converted 
into an instrument of commerce. To ac- 
complish this end, let the remaining twenty 
five millions be divided up among forty or 
fifty banks, created in the United States/ 
-with authority to loan, upon banking princi- 
ples, twice the amount of their capital stock, 
and then these institutions would issue spe^ 
cie and paper to the amount of fifty millions 
of dollars, the sum required to supply the 
circulating medium ; and in this way the cir- 
culating medium would not be diminished ; 
and yet twenty five millions of hard money 
would be added to the active commercial 
capital of the country. 

Banks instituted upon principles and with 
objects like these, will always answer an 
useful purpose : not only, in thus giving ac- 
tivity and extention to the commerce of the 
country, but in other respects. Through the 
medium of Banks of this description, the 
capital of those who have retired from busi- 
ness may be portioned out in loans to the 
young and enterprising merchants, mechan- 
ics, and manufacturers of the country ; each 
taking a proportion according to the extent 
of his business^ and his stability and credit. 



OTQ- 



iJ. I'AIL REPUBLIC..... 

But banks are frequently instituted with 
no other view, than that of creating a capital 
entirely artificial and fictitious ; and when- 
ever this happens, a torrent of paper money 
is issued upon the public, having no specie 
basis for its support. 

When this is the case, banks operate to 
create an enormous fictitious capital for those 
who are immediately concerned in them ; 
and practically destroy that equal distribu- 
tion of money wliich.is so desirable among a 
free and enterprising people. And besides, 
banks of this description serve, to a consid- 
erable extent, to unhinge the true relations 
of society, by opening a wide door to a fic- 
titious state of things. Men are tempted by 
them to forsake the paths of productive la- 
bor ; to abandon the pursuits of agriculture 
and the mechanic arts ; for the sake of rush- 
ing into a scene of adventurous speculation, 
the end of which is, frequently, bankruptcy. 

But the increase of banks necessarily in- 
creases paper money, and of course enhances 
the nominal, though not the real value of 
things, within the limit of its circulation. 

A redundancy of paper money, instead of 
flowing oflP, as in case of a redundency of 
gold and silver, increases rather than dim in- 



THE REPUBLICAN. 273 

islies ; it being necessarily confined to the 
country in which it issues, having no value 
or credit in a foreign state* It may circu- 
late with its paper wings at home ; but the 
territorial limits of home, are insuperable 
barriers to its passage abroad. 

Therefore, as banks multiply, the circula- 
ting paper of the country will be increased ; 
and as this is increased, the nominal value 
of every thing will be transported and en- 
hanced. 

This unnatural and artificial rise in the 
price of things, is prejudicial to the nation, 
and hostile to its agriculture, its commerce 
and its manuflicturcs. 

But how is it hostile to agriculture ? This 
question mav be shortlv discussed. 

The agriculturalist when cottonis eigh- 
teen cents per pound and corn thirty- seven 
cents a bushel, may find a more ready 
market for any surplus of either article 
abroad, than when those articles are at 
double those prices. It is true that low 
prices are frequently the consequence of a 
want of foreign demand ; but it is no less 
true that extravagant prices discourage ex- 
portation. Thus when there is a demand 
abroad, and prices are reasonable at home, 



274 THE REPUBLICAN. 

there will be a brisk market for exportation : 
but though there is a demand from abroad, 
when prices are extravagantly high at home, 
exportation will be discouraged. What- 
ever then has a tendency to give our own 
productions a fictitious value at home is un- 
favorable to the agriculturalist. 

In addition to these evils, there is another, 
resultina: from an excessive accumulation of 
bank paper, which affects the man of solid 
capital, living upon the interest of his money, 
as well as those, who live upon fixed and es- 
tablished salaries and stipends. 

The accumulation of paper money has a 
tendency to bring down the rate of interest 
below the lawful point, and in this way to 
reduce the nominal amount of depreciated 
currency which its lender is to receive. — 
Thus subjecting him to a double loss. 

The salary man, also, is always injured by 
this fictitious state of things, because the 
prices of every thing are progressively in-, 
creasing, while his stipend remains station- 
ary. 

The notion that planters and farmers are 
benefited, when corn and cotton commands 
high prices, is in a great degree, illusive: 
since a pound of the one or a bushel of the 



THE REPCBLICAli. 275 

other will not purchase a greater portion of 
labor, or a larger quantity of foreign com- 
modities, than when such articles sell at a 
lower rate. Nay, in consequence of the high 
price of things, brought about by floods of 
paper money, foreign coiTrmodities are gen- 
erally greatly enhanced in price, and it may 
be doubted, whether the farmer's bushel of 
corn or the planter's pound of cotton, will 
purchase as much tea, rum or sugar, as in 
hard money times. 

All imported commodities, the moment 
they are brought within the sphere of an ex- 
travagant paper money system, are trans- 
ported in price, as by the operation of en-^ 
chantment ; and hence it frequently happens^ 
that while the farmer and planter find their 
produce dull of sale, at home, they have to 
pay enormous prices for foreign commodi- 
ties. And thus it is, that agriculture and the 
farmer are, imperceptibly injured by an ex- 
travagant paper money system. 

Let us 110W pass on to inquire, more parti- 
cularly, in what manner commerce is injured 
by extraordinary quantities of paper moneys 
afloat in a country ; keepingthc United States 
in view, for the sake of a more easy illustra- 
tion. 



2T6 THE REPUBLICAN. 

The commerce of a nation is carried on 
by exchanging its own money and commod- 
ities for the commodities or money of other 
countries. Whenever, therefore, it happens 
that our commodities are very high, the 
profits upon their exchange must be dimin- 
ished in proportion to their rise in price. -^ 
And although, this diminution may be, in 
some instances, compensated by the high 
prices, which the return cargoes may sell for, 
yet, after all, under the ciicumstances sup- 
posed, the trade of the country, and the en- 
terprise of American merchants are depres- 
sed, while foreign merchants and their agents 
are benefited. The foreign merchant finds 
a great advantage in shipping cargoes to 
countries, where an extravagant paper me^ 
dium is in circulation ; because there his 
cargoes command a high price in paper 
money ; but instead of expending his paper 
money for the return cargo, at the high prices 
of the country, he goes to the bank and takes 
the specie for his bills, and carries this home 
with him, where one dollar of it will purchase 
a great deal more, than a dollar's worth of the 
produce of a paper money country. 

Even our own merchants, will obtain spe- 
cie with their bills, and send it into foreigu 



THE REPUBLICAN. 277 

countries to buy goods, in preference, to ex- 
porting the productions of the country. Who 
iTas not heard it repeatedly said, that money 
was the best thing to send to Enghind to buy 
goods ? 

These remarks do not involve the difficul- 
ty of sending empty ships across the Atlan- 
tic ; because freights of some kind or other 
may be generally obtained from those who 
have no specie to make remittances : on the 
other hand, they serve to develop the perni- 
cious consequences of a redundant paper 
money system, in relation to commerce and 
agriculture both. 

We come lastly, to consider the effects of 
an extravagant paper money system upon 
the interests of manufactures. And here it 
may be observed, in the outset, that the man- 
,ufactures of every country, must be injured 
by a vicious paper money system ; and 
whenever manufactures are struggling for an 
existence, they must feel the ill effects of a 
disordered currency in a peculiar manner. 

If, in addition, to the variety of discour - 
agements attending infant manufacturing es^ 
tablishments, those embarked in them, owing 
tp the influence of a diseased paper money 

■ 2 



278 THE REPUBLIC A K. 

system, have to pay extravagant prices for 
labor and raw materials, they are not on a fair 
footing to contend in the market, with tlie 
manufacturers of other countries, where a 
hard money system prevails, or a paper sys- 
tem bottomed on hard money. In effect, 
imder the circumstances supposed, the for- 
eign manufacturer enters the market, under 
greater advantages, than the home manufi\c- 
turer : a consequence which ought never to 
be permitted by wise and enlightened gov- 
ernments. 

Thus far have we endervored to discuss 
the advantages and disadvantages of banks 
and paper money, together with the other 
points connected with the subject proposed ; 
and the views we have taken, serve at least, 
to suggest the importance and necessity of 
great care and vigilance on the part of our 
governments, both national and state, in re- 
gard to the circulating medium of the coun^ 
trv. 



THE REPUBLICAN. -"^^ 

■ESSAT 111* 

OF A MINT. 

•* A PLAN for an establishment of iliis 
''nature" says Mr. HaniiUon " involves a 
*' great variety of considerations, intricate, 
*' nice, and important. The general state 
'' of debtor and creditor ; all tlie relations 
*' and consequences of price ; tlte essential 
" interests of trade, and industry ; the val» 
'* lie of all property ; the whole income, both 
*^ of the state and of individuals, are liable 
♦^ to be sensibly inniienced, beneficially or 
*' otherwise, by the judicious or injudicious 
'' regulation of this interesting object.'' 
Nothing is, perhaps, better calculated to 
onvey to the mind, the importance of some 
regular and fixed standard, by which whai 
iS denominated value in exchange is to be as 
certained, than the preceding remarks in re. 
lation to the establishment of a mint. 1 he. 
Authority from which they are derived, and 
their intrinsic weight are sufiicient to entitle 
them to the highest respect, in disciissioi^s 
regarding political economiy. 

By the establishment of a coinage, gov 
ernment fix and settle the value of our harq^ 



280 THE REPUBLICAN. 

money, and practically enforce the circulation 
of coins corresponding with the statute valne, 
Loth in regard to weight and fineness. The 
institution of a mint, protects us from losses 
arising from the adulteration and deprecia- 
tion of foreign coins, and places the citi- 
zens of a nation, in regard to the value of 
money, beyond the reach of foreign powers 
and princes. 

At the timje Mr. Hamilton wrote his re- 
port upon the establishment of a mint, the 
dollar originally contemplated in the Money 
transactions of this countrv, by successive 
diminutions of its v/ei^^ht and fineness had 
sustained a depreciation of five per cent ; 
and it has been among the objects of a na- 
tional coinage, to guard the interests of bu* 
>iness, and commercial transactions from de- 
preciations of this kind. 

But it is not the object of the present Es- 
say to discuss particularly the various topics 
connected v*^ith the institution of a mint ; it 
is sufficient to remark, that its great and lea 
ding object is to establish, as permanently as 
the nature of things will permit, the value cf 
the coin of a nation. In this view of the 
subject thereforc,''an important reflection pre- 
sents itself. A nation which is very nice 



tHE REPtTBLlcJA^. -^81 

^nd particular in attempting to establish the 
weight and value of its hard money, and 
which is, at the same time, so regardless of 
its interests, as to suffer its money to be m 
fact depreciated by floods of paper, may be 
said to be straining at a gnat, and swallowing 

* a camel. 

Without making any application of this 
remark however, it is to be observed, that 
in this country the authority, Avhich is com- 
petent to control and influence the hard mon- 
ey currency, is not fully competent to regu- 
late the paper medium, which issues from 
the banks of the states : But, notwithstan- 
ding, the states have, obviously, a strong m- 
terest in co-operating to promote the general 
welfare, in regard to the circulating me^ 
dium. 



OF THE NATIONAL BANK. 

HAVING discussed, the subject of the 
monied currency of the nation ; our attention 
seems to be naturally drawn towards the 
National Bank ; an institution, whose opera^ 

z 2 



2S2 THE REPUBLICAN. 

tions must be sensibly felt in all the pecu- 
niary negotiations and arrangements of the 
country. ^ 

After the long and obstinate controversy, 
which has exfstcd in the United States, in 
regard to the constitutionality and expe- 
diency of this establishment, the minds of 
men, for tl-i^ most part, appear to have settled 
down, under a conviction of its legality and 
utility. 

Some of the most distinguished men, in 
this country, have been, in former days, de- 
.cidedly of the opinion, that Congress had no 
constitutional power to incorporate a nation- 
al bank : and many of the number, have seen 
cause, of late years, to adopt a different 
opinion. Such changes of opinion frequently 
9ccar, among statesmen and politicians, as 
vyell from new views taken of the subject, 
as from the suggestions of experience ; and 
they are, by no means, to be regarded, as 
derelictions of principle. Indeed, they are 
jfrequently evidences of ingenuous minds; 
and they never ought to shake the confidence 
of the public, in an indivi(Jual, unless the al- 
teration of opinion can be traced to some in- 
terested motive. 

But not to digress too far; it is fair to con- 



lUE EEPUBLICAN. 283 

i:Iude, that the ultimate concurrence of sen- 
timent, which has taken place, in respect to 
the institution in question, amounts to a 
general acknowledgement of its constitutlon- 
alit}^ and probable utilit3% 

But it will be agreed on all hands, that the 
future usefulness of this establishment de- 
pends entirely upon the manner, in which it 
is managed and conducted; If it should 
ever be converted into a gigantic engine of 
favoritism and speculation ; and should the 
hole object of its directors ever be to raise 
the price of its stock, in the market, and to 
augment the dividends of the stockholders, 
regardless of the public interests ; the peo- 
pie of the United States will regret the day 
in which the institution was revived. But, 
if on the other hand, being content with rea- 
sonable profits, its managers endeavor so to 
direct its operations, as to confine, as far as 
possible, the circulating medium of the coun- 
try to a hard money basis; if they strive to 
equalize, as far as practicable, the course of 
our internal exchange, and to promote other 
useful objects, it will probably produce great 
advantages, to the nation. 

To undertake to demonstrate in what par- 
ticular mariner, the national bank ought tt- 



284 THE REPUBLICAN", 

be managed, in order to effectuate the most 
completely, the best interests of the nation, 
would be, not only indecorous, but prepos- 
terous. The mode of management must 
necessarily depend upon times and circum- 
stances ; but the public ought ne\ er to fcrget 
that its interests are, in some measure, iden- 
tified, with a fliithful and judicious superin- 
tendence of the bank. 

The eyes of the nation, therefore, ought 
always to be upon the national bank, and, so 
far as the national government has any ac- 
tive agency or control in its management, it 
ought to be exerted, in a manner best calcu- 
lated to promote the interests of agriculture, 
commerce, and manufactures. 



OF A NATIONAL DEBT. 



A NATIONAL debt has been another 
subject of much controversy, among the 
people of the United States. Some have 
strenuously opposed the contracting and in- 
crease of a public debt, as a thing dangerous 
to the interests of the people ; while others 
have apprehended no danger on that score. 



THE REPUBLICAN. ^85 

but on the other hand have esteemed a pub- 
lic debt a public blessing. 

Perhaps both of these opinions will be 
'found equidistant from the correct view of 
the question ; and the truth will be discov- 
ered, where it generally is, midway between 
opposite extremes. 

That it is more advantageous for our gov- 
ernment to resort to loans, on particular oc- 
casions and sudden emergencies, tlian to 
heavy and burthensome taxes, must be ad- 
mitted ; unless, the consequences, which 
may ultimately follow the practice, are suffi- 
cient to overbalance the present convenien- 
qes which may attend it. But, when it is 
considered, that these consequences must 
depend upon the extent or amount of the 
debt, which government may think proper to 
contract ; it will be perceived, that the peo- 
ple may, with propriety, rely upon the wis- 
dom and discretion of their rulers, to shield 
thera from every anticipated evil on this 
score. 

If, in a few years of war, the government 
contracts no greater debts, than the nation 
will be able to discharge, during the succee- 
ding years of peace, the advantages resulting 
from, .,'ich loans seem to be unquestionable,-^ 



^86 THE REPUBLICAN. 

But, if on the other hand, our rulers should 
accumulate the national debt to an immense 
amount, the people might justly apprehend 
the most disagreeable consequences in the' 
burthen of great and permanent taxes, which 
would be entailed upon them. Taxes, 
which, after all, would be only sufficient to 
pay the interest of the debt, without con- 
tributing a penny towards the payment of 
the principal. 

The debt of Great-Britain originated in 
the time of William III. about one hundred 
and thirty years ago ; and it gradually in- 
creased, up to the year in which our revolu- 
tionary war commenced. At that time the 
British national debt amounted to about 
125,000,000 pounds sterling, or to about 
553,000,000 dollars of our money. Since 
that time it has increased prodigiously, and 
the unredeemed debt of Great- Britain and 
Ireland amounts now to the sum of about 
800,000,000 pounds sterling. The pay- 
ment of the principal of this debt has been, 
long ago, given up as an idle project ; and 
the government of the nation has now no 
way left to sustain its credit, but by the pay- 
ment of the annual interest ; which if com- 
puted at five per cent, per annum, ;voul^ 



THE REPUBLICAK". 287 

-saddle the people of Great-Britain with the 
enormous annual tax of 40,000,000 pounds 
sterling. 

Should the rulers of this country, proceed 
with no more caution, in the management of 
our debt, than the English have done, in the 
management of their's, it requires no pro- 
phetic spirit to forctel the calamities to 
which this country may be subjected. 

There have been those, however, who 
have asserted that the enormous debt of 
Great-Britain is, upon the whole, servicea- 
ble to the British government: and this 
notion is embraced by them, under an idea, 
that the payment of the interest of this debt, 
depends upon the continuance of the govern-' 
ment ; and as all the people of property in 
Great-Britain, are necessarily directly or in- 
directly interested in the payment of this in- 
terest, this description of people are, of 
course, strongly interested in supporting the 
established order of things. This reason- 
soning is undoubtedly true ; but after allj 
admitting their great debt to be beneficial, 
in this way to the government; it is difficult 
to perceive, in what manner the people at 
large are benefited by it. 

But, however, this may be, in regard to 



288 * THE REPUBLICAN. 

Great- Britain ; here, it is apparent, that a 
national debt, large enough to create an arti- 
ficial interest in favor of government, could 
not be a benefit to the people, or the gov- 
ernment itself: for, should our national debt, 
ever be large enough to control private 
opinion, or create^ party subservient to the 
government ; it would operate in direct hos- 
tility to that freedom of opinion, which is the 
source of all our political enjoyments. It is, 
therefore, difficult to perceive how the people 
of this country could derive any advantage 
from a debt, which might serve to corrupt 
the first principles of their liberties. 

But besides this, there is another point of 
view in which a large national debt may be 
considered, as hostile to the true interest of 
the nation. It may be fairly presumed, that 
whenever our debt increases to such an ex- 
tent, as to render our taxes burthensome to 
the people, great popular discontent will be' 
the consequence. And as we have not here 
a king or house of lords to check the will of 
the people, we might resort, through the 
intervention of our representatives, to expe- 
dients which would virtually destroy the pe- 
cuniary obligations of the nation. An oc- 
curre^ice of this kind, to be sure^ is to be 



THE REFD'BLiCA!^. 28^ 

dep^cjated ; but who will undertake to sa^, 
that such an occurrence might not be the 
quietus of an inordinate national debt ? 

Our dread, however, of an event of this 
description, which would be so unpropitious 
to the government, is, in a great measure re- 
moved by a consideration of the difficulty, 
which our government; would encounter, in 
effecting loans beyond a certain amount. 
This difficulty would arise from an appre- 
hension, on the part of the money lender, of 
an inability or unwillingness, on the part of 
the people, to be taxed too heavily, for the 
payment of interest on the public loans.— 
For instance, suppose the debt of the United 
States now amounted to as much as the na- 
tional debt of Great-Britain, in 1775 : say 
550,000,000 dollars. The interest of this 
sum, at six per cent, would be of itself 33^- 
000,000 dollars annually ; which, added to 
the ordinary expenses of the government, ex- 
clusive of the interest of our subsisting debt,. 
would require an annual revenue of say 
50,000,000 dollars. To raise such a rev- 
enue would call for a multiplication and in^ 
crease of our taxes, to such an extent, as 
might prodiace very serioug disaifectioiis 

A a 



2^0 THE REPUBLICAN. 

among the people : disafFectlons '. which 
might shake, if they did not entirely destroy 
the ability of the government to borrow fur» 
ther sums. 

In Great- Britain, however, the money 
lender has not so much to fear, on account of 
popular discontents : because there loans are 
generally founded upon some tax voted by 
parliament ; a repeal of which may always be 
prevented, by the king or the lords : and, as 
long as the tax continues, the lender reposes 
himself confidently, upon the executive en- 
ergies of the government for its collection, 
which are by no means trifling. 

But, the structure of our government does 
not permit the will of the people to be check- 
ed ; neither could the power, operating in 
Great-Britain, for the collection of taxes, be 
placed here entirely independent of the peo- 
ple, without subverting the government 
itself. It seems, therefore, to result, that a 
resort to loans for the supply of public wants, 
to a certain amount, may be calculated upon 
here, with safety and advantage ; but beyond 
a certain amount, loans become dangerous 
to the credit of the government, and burthen- 
some and disgusting to the people. 

iFrom the few observations which have 



TRR REPUBLICAN. 29^1 

been made, upon the subject of a national 
debt, we may perhaps come to this conclu- 
sion, that it is the duty of government, at all 
times, to borrow as sparingly as possible^ 
and by all means to discharge the public 
debts, with all convenient dispatch; m order 
that the people may be kept free of exces^ 
sive taxes, and the credit of the government 
preserved against the hour of need. 



ERRATUM--V^»^Q 249 far Class I$v of Fart IV, fea4 
Class ly. of Part II. 



•ESSAX 1. 

0? THE FOREIGN RELATIONS OF A IIEPUBLICAX 

STATE. 

THIS department in thg affairs of gov- 
ernment, concerns the intercourse which 
takes place between one country and another, 
cind among other things, embraces com- 
merciill arrangements of every kind, treaties 
of peace, and declarations of wan 

Before the exercise of these important 
powcrsare iseparately discussed, it may not 
be amiss to hazard some general reflections, 
naturally arising, in prospect of the interes- 
ting and diilicul!: branch of political economy,, 
now proposed for consideration. Such re- 
marks may, at least, give a complexion to. 
subsequent observations, of a more particular 
cliaractcr, and serve, in this way, as an intro. 
duction, not altogether abrupt, to the con- 
cludine chapters of this brief work. 

The foreign relations of almost all civile 
Jzcd cojLintries, have, obviously, a very im 
porlaat? connection, with, their happiness and 



TKE II E PUBLIC A IT. 55S 

prosperity ; and, of consequence, the maiV- 
agement of them calls for great wisdom, ex>- 
|oerience, firmness, and integrity. But, aL- 
though, a nation may be favored with wise, 
upright, and skilful politicians, in this de- 
partment of its concerns ; it will frequently 
happen, that the most intelligent and virtuous 
Bien, cannot conduct affairs to a desirable 
is^sue. 

An inordinate spirit of domination, or 
avaricious and monopolising dispositions, 
prevailing in the councils of other nations, 
are not always to be controled by long and 
patient appeals to justice; and, therefore, 
the most pacific and wise nation, may be, 
unavoidably, subjected to troubles and col- 
lisions. In effect, let the dispositions of those 
in power be ever so conciliatory, it may 
be, nevertheless, impossible to avoid war, 
without a sacrifice of the honor and interests 
of the country. 

These reffections, upon the arduous and 
difficult duty, devolved upon those, who are 
placed in the direction of the foreign rela- 
tions of a state, naturally suggest some irn> 
portant lessons to a republican people. 

In: a government like ours, for instanccj 

A S iu 



294- rnE hispi/blicaiv*. 

where the sovereignty resides with tlie great 
body of the citizens; while the conductor 
every ruler and pubhc agent should be rc» 
garded with %'igiience ; care ought to be 
taken, that chrmorous, hasty, and unmerited 
censures are not bestowed upon those, who 
•are charged with the management of diiii- 
cuit and important concerns. It becomes a 
Food ciiizen never, rashlv, to array himself 
against the measures of his government: but 
if, upon a candid and dispassionate review of 
the public measures, he is satisfied, that the 
affairs of his country are injudiciously con= 
duetedj he will take proper occasions to ex-- 
press his opinions, and will use all constitu- 
tional means to remove from authority tho- 
authors of the public misfortunes. 

In times of war, the duties of those who 
are placed in the management of our foreign 
concerns, are peculiarly arduous : a political 
situation can hardly be imagined, vi'hich calls 
jfor deeper reflection, more accurate judg- 
ment, or more cool courage, than that, which 
involves the (iare of watching over the lives 
and fortunes of thpusands and thousands of 
the human lam ih\ In such eventful times, 
therefore, the public ought maturely and 
-^andidly to consider the measures of govern- 



THE REFlJBLlCA^r, ^95 

rnent, before they permit themselves to con- 
demn them, as inefficient or unprofitable. 

By our forms of government inthiscountryj 
we have an undoubted right to exercise 'our 
judgments freely, in relation to all matters , 
of public interest : but however, we may 
happen to think of the folly, or inexpediency 
of public measures, we are, generally, under 
the strongest moral obligations to obey the 
Gonstitutional requisitions of the government. 
** The very idea of the power and right of 
^^ the people to establish a government" says 
the great Washington, *' presupposes the 
*'* duty of every individual to obey the estab- 
" lished government.*' And, ** all obstruc- 
*' tions" he says in his Farewell Address, ** to 
** the execution of the laws, all combinations 
^^ and associations, under whatever plausible 
*' character, Math the real design to direct, 
** control, counteract, or awe the regular de. 
^^ liberations and actions of the constituted au» 
"thorities, are destructive of this fundamen- 
" tal principle, and are of fatal tendency.'' 

In taking other general views of this sub- 
ject, it occurs to us as a thing impossible to' 
prescribe rules for the management of every 
case, which may arise in the progress of xht 
foreign concerns of a country ; butj notwith- 



2S6 THE REPUBLICAN. 

standing this, there are some general notions 
relative to the subject, which may be always, 
adhered to by the people of this country 
advantageously. 

That a spirit of justice and moderation 
should be, on every occasion, observed by 
us towards foreign nations, will be readily 
admitted, by every moral and intelligent 
citizen ; for nothing, surely, is more fitting 
a republican people, than a scrupulous re- 
gard for the rights of nations and mankind. 
In truth, a republican state, while it exacts 
from others a proper respect for its own 
rights, will cheerfully yield to them the same 
measure of deference which it requires for 
itself. 

The idea, that nations ought to be influ- 
enced by notions or feelings of gratitude, in 
their intercourse with each other, is idle and 
absurd. National gratitude is a solicism 
'in language, imparting to the mind no definite 
or comprehensible notion. Gratitude is an 
exercise of the heart, arising from a sense 
we entertain of mercy or favor extended to- 
wards us by another, and has relation to 
physical intelligent existences : but,.politicaI 
societies, being moral existences, cannot, in 
the nature of things, be influenced by feelings 



THE REPUBLICAN* 297 

of this description. And, indeed, were 
whole nations, capable of exercises of this 
kind, they would be seldom brought into 
action, in regard to neighboring states ; be- 
cause, gratitude is not to be excited by the 
conduct of those, who act with an exclusive 
regard to their own interests, although it 
may be productive of some accidental benefit 
to us. 

Honest friendship with all nations and en- 
tangling alliances with none, is a maxim, 
which deserves to be kept continually in 
view, in the management of the foreign re- 
lations of this country ; and no false ideas of 
national gratitude ought to interfere with this 
judicious precept. 

On the other hand, with equal truth it may 
he remarked, that prejudice and antipathies 
ought to have no influence, in the manage- 
ment of the concerns of an intelligent and 
free people. These answer well enough to 
mislead ignorance, folly, or fanaticism, but 
liberty and happiness are safer without them» 
* If Great-Britain, at any former period, has 
attempted to withhold from us the indepen- 
dence we nov/ enjoy, she has failed in the at= 
tempt; and we ought not, on that account, 
to indulge a disposition, unfavorable to any 



298 TEE REPUBLICANT. 

of her measures in relation to us. Such a 
disposition is of dangerous tendency, sub- 
jecting us, in a certain degree, to the guidance 
of our prejudices, and removing us, in a cor- 
responding degree, from the influence of 
reason. Indeed, it is sufficient for us dis- 
passionately to review the conduct of all 
nations towards us, and firmly to exact 
justice from those who infringe our rights. 

But, while it is manifestly proper to guard 
against the influence of prejudice, in the 
management of our national concerns ; it is 
no less a duty to take care, that we are not 
misled, by any supposed assimilations of in- 
terests, between ourselves and other nations, 
arising from a conformity in manners, lan- 
guage and religion. The friendships of na? 
tions are bottomed upon reciprocal interests, 
ranch more, than in any similarity of lan- 
guage, manners, and religion. It is true, 
that circumstances of this kind facilitate and 
harmonize an intercourse, which has mutual 
advantage for its basis : but, after all, they 
only facilitate the operation of causes, and 
are not themselves efficient. 

Unless a nation keeps a steady eye to its 
own interests, a similarity between the lan- 
guage, manners, and religion of a monarch}' 



THE REPUBLICAN. 299 

and of a republican state, between which a 
considerable degree of intercourse may exist, 
might be attended with dangerous conse- 
quences to the latter : as it might have some 
tendency, in the republic, unfavorable to the 
sentiments of liberty, which are always to be 
sedulously cherished in such a state. 

But, be this as it may, all will agree, that 
the general welfare of the nation and people 
is the legitimate object, of a wise administra- 
tion of its foreign concerns; and, so long, as 
those, placed at the head of affairs, steadilyj 
honestly, and judiciously pursue this object ; 
discarding idle prejudices and idle partialis 
ties ; in every event, both honor and interest 
will conspire to render it the duty of the peo- 
pk, to aiFord them every aid and supports 



liSSAX 11. 

OF WAR AND ITS VARIOUS KINDS, 

THE life of government, says Montis- 
quieu is like that of man. The latter has a 
right to kill in case of natural defence, thi 
former has a right to wage war for its own 
preservation. Various authors give various- 
definitions of tlie state, denominated public 



300 THE REPUBLICAN, 

war ; but all these various definitions neces^ 
sarily result in this, to wit : A state, in which 
nations contend with one another, under the 
authority of their respective governments, by 
force of arms, for the recovery, maintain- 
ance, or defence of their actual or pretended 
rights. 

Independent of this general definition of 
public war, there are various kinds of war 
denominated, civil, private, and mixed war. 
Civil or intestine wars are well known to 
mean those hostilities, which are frequently 
carried on, between the people of the same 
country or state. Private wars are such, as 
are conducted by combinations of individu- 
als, acting without authority from any estab- 
lished government ; and mixed wars are 
those, which, on one side, are conducted un- 
der the authority of^ some established gov- 
ernment, and on the other, by individuals, 
acting without such authority. 

As the object of the present essay is brief- 
ly to examine the different kinds and charac- 
ters of public wars, no time will be consu- 
'^ed, in the discussion of any other topics. 

Nor would any inquiry, into this particu- 
lar subject, be at all useful, were it not in 
some degree, necessary to lead us to a proper 



THE REPUBLICAN. 301 

Hindcrstanding of Alliances offensive and de- 
fensive, about which, something will be 
said, under the head of Treaties. 

Public wars are either offensive or defen- 
i^ive ; and that nation which first makes a 
declaration of war, or withotit a declaration 
of war from its enemy, commits the first 
act of hostility, whether justly or unjustly^ 
'commences an offensive war : and the na- 
tion, which in consequence of this, enters 
into a state of war, in respect to the other, 
begins a defensive war. " We must there- 
" fore, (says Burlamaquij af^er having spo- 
^' ken of just and unjust wars) take care not 
*^ to confound this with the former distinc» 
^' tion, (touching offensive and defensive 
" wars) as if every defensive war were just 
^' and on the contrary j every offensive war 
^^ unjust. It is the present custom (he con- 
** tinues) to excuse the most unjust wars, by 
*' saying they are purely defensive. Some 
^* people think that all unjust wars ought to 
" be called offensive, which is not true ; for 
'^^ if some offensive wars be just, as there is 
*' no doubt of it, there are also defensive 
*^ wars unjust, as when we defend ourselves 



5p2 THE REPUBLICAN". 

" against a prince who has had sufficient proV" 
**ocation to attack us.'Ya>> 

Mr. Hamilton, in the numbers written by 
him, over the signature of Pacificus, in sup- 
port of President Washington's declaration 
of neutrality recognises fully this definition 
of an offensive and defensive war. And, 
since the language of that illustrious patriot, 
will ornament any literary production, how- 
ever elegant or profound, it will surely, hap- 
j^ily illustrate, the present imperfect essay. 
'' We must therefore affirm" says this per- 
spicuous writer, " that the first who takes up 
*'arms, whether justly or unjustly, com- 
" mences an oflensive war ; and he who op- 
** poses him, whether with or without reason, 
** begins a defensive war." 

Having said thus much, as to the kinds of 
public war ; a few remarks upon its differ- 
ent characters, will clear the way for other 
discussions. 

In point of character, wars are either just 
or unjust. A just v/ar is that, in which a 
nation aims only at the defence and main- 
tainance of its own rights, which are either 
invaded or imminently threatened; while on 

fa J Principles of Natural and Politic Law, part 4th 
cjiapter 5d, 30. 



THE REPUBLICAN. S03 

the other hand, that nation which carrie-s on 
a war, with the sole view of depriving an- 
other st£Ue of its rights, is engaged in an un- 
just war. 

While it is certain, that a war cannot be 
strictly just on both sides, it is equally evi- 
dent, that every war is more or less just or 
unjust, according to the circumstances in 
which it may have originated. Indeed, in 
investigating the causes of quarrel, which 
have existed among nations, we shall fre^ 
qucntly have occasion to remark, as we do ui 
regard to the controversies of private indir 
viduals, faults on both sides. 

A war, likewise, which was perfectly just 
in its origin, may, by circumstances, become 
perfectly unjust ; and this happens whei; 
one nation having commenced a war against 
another for a good and sufficient cause, con- 
ducts its operations in such a manner, as to 
induce its enemy to sue for peace, upon sue] 
terms as will afford complete security, restl 
tution, and indemnification to the ofFended 
power : but which terms, the offended pow- 
er chooses to reject, for the sake of prosecu- 
ting the war still further, for its own aggraif- 
dizement, or out of a spirit of revenge. 
In a case of this kind, the character of the 



304 THE REPUBLICAN. 

war is reversed^ and that party which was 
right in the first instance, acts subsequently 
gV/ith injustice ; and the state, which was in. 
the first place wrong, will be justified in de- 
fending itself to the last extremity. |^fl>' 

In the subsequent chapters upon the duty 
of government in making war and peace, 
we shall endeavour to illustrate, more fully, 
t^ie principles and views suggested in this 
essav. 



"ES^a^ 111,. 

qi- THE DUTY OF A HEPUBLICAX GOVERNMEXlr- 
AND PEOPLE, IN RELATION TO DECLARA. 
TIGNS OF WAR. 

WHEN, the Representatives of n grea^ 
and free people, are convened for the pur- 
pose of deciding the momentous question of 
war, no human assembly can present a more 
interesting spectacle, A thousand awful re- 
flections associate themselves with the sol^ 
emn scene, and conspire to remind every ac- 
tor of his deep responsibility to God ancL 
man. Upon the determination of such an 
assemblage hangs the lives and happiness o^, 

»r^. ) ValteJ, Tav of Xa'.iqH? Cook 3d Cbnp 3. i :<,% 



t^E REPUBLICAN. 30S 

vast numbers of the human race, who by an 
unforeseen destiny are consigned to poverty 
or the grave by a declaration of hostilities. 

When, therefore, we take into considera-^ 
tion the dreadful calamities attendant upon 
war; the sacrifice of life ; the waste of prop, 
erty, and the numerous misfortunes whicli 
follow in its train ; the humane and benevo^ 
lent mind shudders at the idea of wantonly 
exposmg a nation to its ravages. 

Wars undertaken for inadequate causes, 
with the real design of pampering national 
avarice, or of gratifying national ambition^ 
are of all human transactions, the most unjust 
and criminal. The licentious robber, who 
stops us upon the highway, and jeopardises 
our lives to gain possession of our property, 
receives the severest animadversions of the 
civil code : but, how much m.ore obnoxious 
to community, is the wretch, who will wan- 
tonly jeopardise the lives and happiness of 
countless numbers of his fellow- mortals to 
gratify his ambition, his cupidity, or his re» 
venge ! One of the Turkish Emperors, hav» 
ing declared war against a Tartar Chief, lost 
an only son, who was defending one of the 

B b 2 



"S06 THE REPUBLICAN. 

frontier posts of his father's dominions, at the 
commencement of hostilities. This afflict- 
ing stroke of war, was deeply felt by the 
Emperor ; but dissembling his grief, he put 
himself at the head of his forces, and march- 
ed towards the enemy. As he proceeded on 
his way, ruminating upon the fate of his be- 
loved son, he beheld a shepherd, sitting un- 
der a tree, playing upon his pipe, with his 
Hock around him. Struck with the appear- 
ances of peace and <:ontentment which sur- 
rounded this humble mortal, the Emperor, 
in the anguish of his soul exclaimed, alas ! 
that man weeps: not for an only son ! 

But, how many sons, fall victims to every 

%var : and if they are sacrificed in an unjust 

contest, their blood, must be upon the heads 

-of those, who are the authors of the calamity. 

A republican state never should be guilty 
'Of an unjust war ; nor ought it suddenly and 
rashly to resort to a just one, while any hon- 
orable effort can be made to avoid it. 

It is much more easy to involve a nation 
in the calamities and distresses of war, than 
it is to extricate it from them with safety and 
-honor. Those, therefore, who are called to 
deliberate and decide upon a question of such 
vast consequence to political society, should 



T^HE REPUBLICAN. 507- 

carefully examine themselves, and iirst ex- 
clude from their minds all passion, prejudice, 
and party spirit ; keeping nothing in view, 
but the true honor and interest of their coun- 
try. 

The expediency as well as justice qf a 
war ought to be manifest, before hostilities 
are resorted to* Wars commenced for sliglit 
causes, not having in view the maintenance, 
of any important national rights or principles, 
are exceedingly censurable ; but when 
principles are at stake, it is difficult suffix 
ciently to appreciate their value. 

It was a maxim, with the celebrated Dutclr 
patriot, John De Wit, thar no independent" 
state should surrender to any earthly power, 
a"ny reasonable and equitable right ; because, 
such surrenders tended, rather to invite hos- 
tilities and insults, than to prevent them. /^c'/ 

But a war may be frequently extremely 
just, in respect to the power against which it 
is declared, and yet very censurable, in re- 
lation to the nation declaring hostilities, Ii* 
this view of the subject, it may be remarked, 
that war should never be declared if it can be 
avoided, until the nation is, in some measure, 
prepared for it : for to make war first, and 

TiiJ Hume's England, reign Charles IL , 



508 THE REP^UBLICAN. 

prepare for it afterwards, is inverting the na- 
tural order of things, and inviting disasters, 
calamities and defeats. 

Wars undertaken with views, solely to 
their utility cannot be justified in the eye of 
reason. Hence the war, waged in the year 
1792, and which ended in the complete and 
final partition of Poland between Russia, 
Prussia, and Austria, was manifestly an un- 
just and cruel war. 

Wars, also, undertaken to impair the com- 
mercial prosperity of a neighboring state, 
and with the design of engrossing, commer- 
cial advantages, at the expense of another 
natioir, are palpably unjustifiable. Of this 
character was the war which Charles II. wa- 
jxed, with the hearty concurrence of his peo- 
ple, a?-ainst the Dutch in the year 1665. 

Previous to this, the Dutch, by their in- 
dustry and frugality were in possession of a 
commerce, far more extensive and lucrative, 
rhan that of the English ; nor could the 
iMiglish merchants, by fair means, possess 
themselves of the commercial prosperity of 
the industrious Hollanders. The English, 
resolved, therefore, to attack them, with the 
double view of destroying their trade, and 
^'xtcndirg their own. Accordingly, tin 



THE' EE'PtJ'BXrCAI7» 50^^ 

foreign possessions of the Dutch were rava- 
ged, and among the rest New- York, theu 
called New- Amsterdam , was captured . and 
a violent and sanguinary contest, Isighly 
honorable to the Dutch, ensued upon the 
seas, (a) 

Burlamaqui remarks, that, *'it would be 
** an unjust war to take up arms against a na»- 
** tion, in order to bring them under subjec- 
" tion, under pretence of its being their in- 
*' terest to be governed by us. Though a 
" thing may be advantageous to a nation,, 
^^yet this does not give us a right to compel 
^' them, to it. Whoever has the use of rea- 
" son, ought to have the liberty of choosing 
** what he thinks advantageous to him- 
*'sel£"7^i 

And here, it may be observed, that a de- 
parture from this principle cannot be well 
excused in a people, who make the equal 
rights of mankind the basis of their civil in- 
stitutions. 

A war, undertaken by a foreign state, to 
establish the power of impressing their own 
seamen, from our ships, is certainly one 

Ca) Harness Englan], reign Charles IL 
(bj Burlamaqui's Principles of Natural and-Politic Lavv^, 
part 4> chapter 2, .Xlii; and XI Y. ■ 



■UO THE REPUBLICAN. 

which has a tendency to encroach upon ouv 
sovereignty, and to injure our interest: in- 
asmuch, as the exercise of tlie power, con- 
tended for, necessarily submits the liberties 
of our own citizens, to the arbitrary control, 
or hasty judgment of the naval officers of a 
foreign state. 

But since the rights of expatriation are not 
absolute ; but only conditional : and since 
every nation has an unquestionable right to 
the services of their unexpatriated subjects, 
in time of war,^ay it remains to be inquired, 
whether, before a nation undertakes by force 
to ^ resist the claim of impressment, she 
ought not, as a matter of expediency, to ex- 
clude from her vessels the natural born sub- 
jects of the state urging the claim. In the- 
discussion of this question, it occurs, that 
while on the one hand, it would be a shame- 
ful surrender of the rights of citizens, to sub-' 
mit their personal liberty to the will or cap- 
rice of foreign naval officers ; so on the other. 
It would be extremely absurd to go to war, 
to establish the security of foreign seamen, 
onboard of our ships, in opposition to the 
claims of their native country. It will be 
always sufficient for us, to protect on the 

faj Essay VI, Part I. 



THE REPUBLICAN* 311 

ocean, our own native born citizens, with- 
out undertaking to render our ships, a refuge 
tQ the whole world of mankind. 

To prevent collisions on this score, it 
seems just and expedient, that we should, by 
wise national regulations, exclude from our 
ships the native born subjects of such coun- 
tries, as have an objection to their employ- 
ment in our service ; taking care to natural- 
ize all such individuals, subject to such a 
disability. 

Having done this, and continuing to ex- 
ecute such regulations with good faith, we 
shall have just cause of war against any for- 
eign power, who will, notwithstanding, ex- 
ercise the right of impressment, (a) 

A war made to destroy the rising great- 
ness of a neighboring state, because, by pos- 
sibility, that greatness may prove injurious 
to us, is, most clearly, an unjust war. A 
war of this description admits of no justifica- 
tion, upon the ground of necessity, any 
more than the conduct of a man, of ordinary 
strength and size, inr a state of nature, who 
should undertake to cut oiFthe leg or arm of 
a fine young fellow, in his neighborhood, 
upon the plea, that should this youth CQme 

{a J Statute of the United Statd^s.- 



312 THSr REPUBLICi^W. 

to his full size and strength, destitute of any 
iTiaim, he would be more than a match for 
him. (a) 

But if, for instance, we should perceive 
Great-Britain transporting large armies into 
Canada, strongly fortifying herself along our 
northern frontier, and building numerous 
ships of war upon the lakes, we could sup- 
pose nothing, but that slie meditated some 
hostile attack upon us: and under such cir- 
©umstances, if she did not give satisfactory 
explanations of her conduct, we might be 
justiiied, in forcibl}^ interfering with such 
warlike preparations. For the duties of self 
preservation do no less dictate precaution 
against imminent dangers, than resistance 
against actual attacks. And it was upon 
this principle, that the British in the wtII 
known case of their attack upon the Danish- 
fleet, rested their justification, (by 

Should the United States enter into an 
alliance offensive or defensive, with any for- 
eign state, by which this nation should stip- 
ulate to engage, with'a part or all of its force, 
in any offensi\'e or defensive war, in which its 

("a J Burlamaqu?s Principles of Natural and Politic Law,^ 
part 4, chapter 2, XL 

f 6J Vattel's Law of Nations, book 3, chap. 3, sec. 42,-43. 



THE REPUBLICAN. 313 

ally might be engaged, this conntiy would[ 
be justified, in taking arms, in concert with 
such an ally, in any just war, in which such 
ally might be involved. So, if the alliance 
were defensive only, we should, for a like 
reason, be bound to co-operate with our ally 
in any just defensive war, in which he might 
be engaged, (aj 

Eminent writers, however, have disagreed 
upon the question, w^iether the stipulations 
of an alliance are sufficient to justify a nation, 
in- engaging in an unjust war. And Mr. 
Hamilton seems to think, that in case of a 
defensive alliance, when war is made upon 
one of the allies, it is the duty of the other to 
fulfil the conditions stipulated, without iii- 
quiring, whether the war is rightfully begun 
or not. " This doctrine,'^ he says, *' is foun- 
*'ded upon the utility of clear and certain 
** rules for determining the reciprocal duties 
' ' of nations, in order that as little as possible 
" may be left to opinion and the subterfuges; 
'' of an over refining and unfaithful casu- 

^'istry.'Y^>' 

But, it will be difficult after all, to recon- 

(a) Valtel'sLaw of Nations, book 3; chapter, 3^ sec, ^0... 
(hj Pacificus, No, 2. 



314 THE. REPUBLICAN, 

cile this reasoning with the broad and noble, 
principle which forbids every nation, and 
particularly a republic, from engaging in any 
unjust war. Indeed, the reasoning seems 
to rest on motives of expediency ; and it is 
difficult to perceive, how any argument, 
resting on grounds of this kind, can render 
that right, which is wrong in the very nature 
of things. 

If the United States are engaged as the 
ally of another nation, and that nation is en- 
gaged in a war, manifestly unjust, this coun- 
try, by taking a part in that war, participates 
in the injustice of its ally. It will be in vain 
to say, in a case of this kind, that it is tho 
duty of the United States to presume the 
cause of its ally just ; for this would be a dis^ 
ingenuous method of winking out of sight, 
the real character of the controversy. 

Besides, all valid contracts- are made for 
lawful purposes, and a contract made be^ 
t ween two nations for the purpose of depri^ 
ving a third of its lawful rights, is manifestly 
illegal, and of no binding effect in respect to 
the laws of nations. Hence, an ally claiming 
from us stipulated succours, in a war mani- 
festly unjust, may be fairly answered, that we 
have no treaty which obliges us to comply 



THE RE?UBLICA^. ,~S15 

ivith such claims : since no treaty, on earth, 
can oblige us to give aid and assistance to 
any unlawful and unjust enterprise. These 
remarks, though in opposition to a very high 
authority, are nevertheless, in coincidence 
with the opinions of many eminent writers, 
and they tend to establish the conclusion, 
"that the United States cannot, in case of any 
alliance, be justified in taking a. part in any 
war, manifestly unjust. 

But, although it is the unquestionable at- 
tribute of sovereignty to judge of the prop- 
er occasions, for acting in the national de- 
fence, or in the fulfilment of alliances : yet 
in cases of doubt, the stipulations of trea= 
ties ought to be performed. 

It would be useless, hov/ever, to discuss at 
large, in this place, what are, and what are 
not, just and proper causes of war ; as it 
would be difficult to anticipate the various 
causes which may occur. It will be suffi- 
cient however to remark, the grand and gen- 
eral principle, that wars ought ,to rest for a 
J ustificationuponjustice and necessity. .But, 
whenever it becomes just and necessary for 
a nation to vindicate its rights or possessions,, 
by the sword ; when negociations have fail- 
:cd> aiid^very friendly effort has proved abor* 



316 THE REPUBLICAN. 

live, the national councils are justified in ap- 
pealing to arms. And this appeal, undoubt- 
edly ought to be made, the moment the 
country is in a proper situation to commence 
hostilities. 

Whenever, therefore, it may be the duty 
of the United States to declare a war against 
any nation, under the circumstances sup- 
posed, it is the duty of every good citizen, to 
afford his hearty concurrence in the measure, 
and to contribute every thing in his power, 
in aid of the righteous cause. In a war of 
this description, a brave and highminded 
people Vv^ill think little of the hardships, in- 
cident to a belligerent condition, in compari- 
son with the value and importance of the 
rights, in defence of which the sword has 
been drawn. But they will persevere to the 
end, humbly relying on the arm of a just and 
wise Providence, for aid and assistance. 



l&SSJiXlY. 



OF THE MANNER IN WHICH WAR OUGHT TO BE 
CONDUCTED. 



IN this essay it will be needless to discuss 
the general rules and usages of war establish- 



THE REPUBLICAN. 317 

^d among all civilized nations^ for regulating 
the conduct of ofie belligerent towards an- 
other. These are sufficiently familiar to all 
those, whose duty it is to understand, and 
practice upon them. The present design is 
merely to notice some of those duties, which 
a nation owes to itself, in the prosecution of 
a war ; as well as some of those sentiments, 
feelings, and principles, which ought to in- 
fluence every individual concerned in the 
prosecution of hostilities. 

L iVhenever it becomes just and neces- 
sary for the United States to declare a war 
against a foreign state, or whenever a foreign 
state, declares war against us, the contest, on 
, our part, should be conducted, with the ut- 
most energy and vigor. 

King William III. a monarch by no means 
remarkable for vivacity, remarked to some 
of his officers, who proposed cautious meas- 
ures to him, immediately before the battle of 
the Boyne, that he did not come to Ireland 
to let the grass grow under his feet. A re- 
mark truly characteristic of a spirited v nd in- 
dustrious general. 

The great Frederick, of Prussia, has been 
justly celebrated for his indefatigable activ- 

c c 2 



318 THE REPUBLICAN, 

2 tj' and resource in war; to which maybe 
attributed the successful stand he made 
ij gain St a host of powerful enemies, during 
the war of 1756. But, no general of ancient 
or modern times, has been more distinguish- 
ed for sudden movements, and celerity of ex- 
ecution, than the rapid Bonnparte ; and to 
these, many have imputed his unexampled 
successes. 

Indecision ofmind, and tardiness of move- 
ment, either in a general or admiral, are, of 
all things, the most reprehensible. Dilatory 
and inefiicient operations in war, are always 
characterized bv a barrenness of achieve- 
ment ; and among the consequences of them 
may be foreseen an absence of spirit and dis- 
cipline in the troops, and a want of confi- 
dence on the part of the people, in the ope- 
rations of the fleets and armies of the nation. 

But naval and military officers are not to 
be censured if they avoid skirmishes and en- 
gagement?, when the forces under their 
command, are inadequate to cope with the 
enemy. Thus, our illustrious Washington, 
during the war of the revolution, from the 
inferiority of his own forces, thought it wise 
and prudent, on many occasions,, to avoid 



THE PwEPUSLICAN. 319 

lUt, to know when to fight, and when to 
decline the combat, is the peculiar business 
of the commander. And, he must not only 
know this, but in action, he ofight to know, 
in an instant, how to push an advantage anji 
how to lessen the efiects of misfortune. 

This quickness of perception in the gen- 
eral, is all important ; for it will not answer 
any good purpose for him, in the hurry aild 
bustle of an engagement, to be debating 
within himself, like Hudihras, whether this 
or that is the best course to be taken, to -en- 
sure him success. A process of reasoning 
of this kind will beget nothing but doubt, 
uncertainty, and indecision of mind ; and 
Vvhile he is puzzling, within himself, after ^ 
correct opinion, the battle will be lo.^.t.-— - 
'Whenever an officer has time to refiect, how- 
ever, upon wliat will probably be the best 
plan for him to act upon, in an anticipated 
engagement, it is his duty to improve such 
an opportunity to the best advantw^ge ; but, 
no qualit}^ it is conceived, is more shining 
in a command-er, than a ready and quick di^;- 
cernment of the best expedients, in the hour 
of act ion. 

It is this quality which is denominated the 
eoiip cPeoil;' and without it no man can b'? 



S20 THE KEPUELICAN. 

a great general or admiral. The comman- 
der who is destitute of this characteristic, 
may be a good officer, at a deliberate coun- 
cil of war; or an excellent Martinet ;faj 
but he^^ievcr can be a safe man to lead the 
forces of his country into battle. 

The subordinate officers, soldiers, and. 
seamen, in the navy and army, ought to dis- 
charge, with diligence and regularity, their 
various incumbent duties, and to execute, 
at all times, with exactness and dispatch, 
tlie lawful orders of their superiors. 

*^ A subordinate officer," savs lord Mans- 
field, *' must not judge of the danger, propri- 
•'cty, expediency, or consequence of the or- 
■' der he receives : he must obey; nothing 
'- can excuse him but a physical impossibil- 
"' ity. A forlorn hope is devoted — manv 
'' p-allant officers have been devoted. Fleets 
" have been saved, and victories obtained^ by 
"ordering particular ships upon desperate 
''services, v*'ith almost a certainty of death 
'•or capture." fbj 

CaJ Tiie term Martinst, during tlie revolutionary war, 
was applied by gentlemen of the army to every good dis' 
ctpHnaricni ; probably from the circumstance, that an officer, 
hy that name, during the time of Louis XIV. greatly im- 
proved the drill of tlie French army. 

CO J Vol. I. Darnford and East's Rep. 5i6, 



THE' ItEFU-BXrCAig-* 321 

But, whenever it happens, that the orders 
of theh' superiors are of a discretionary char^ 
acter, they ought to call to their aid the best 
ex^ercise of their judgments. In this case,, 
whether the operations of the fleet or army 
£ul or not ; whether victory or defeat is the 
result of their efforts, those, in subordinate 
stations, will be exonerated from blame and 
censure, and the commanders in chief alone 
2-emain responsible. 

But althous^h we mav liave excellent com- 
manders in our navy and army, in time of 
war, and under them good officers, seamen, 
and soldiers ; no good purpose will be answer< 
ed, unless the navy and army be w^ell equip- 
ped with arms, provided v/ith military stores, 
and sufEoiently supplied with provisions and 
clothing. Government, and the oflicers un- 
der it, whose duty it is to see such supplies^ 
regularly and promptly furnished, should be 
particularly careful, that there is no deficien- 
ey, in any of these important particulars. 

The medical and chirurgical departments, 
in the fleet and army, elaitii likewise, in time 
of war, the strictest attention. Not only 
scientific and skilful physicians and surgeons 
are requisite, in well ordered military and 
laaval estiiblishments^, but neither medicin^esj 



122 THE REPtrBLICAN". 



conveniences, or comforts for the sick and 
"wounded should be wantinsc. 

The cleanhness of soldiers and sailors, 
both in dress and quarters, also deserves the 
attention of their oSicers ; for a want of ex- 
actness m these particulars is often produc- 
tive of disease, and renders men slothful and 
isnambitious. 

A viqiiant attention to all these various 
and important particulars, is incident to the 
superintending care of a v*ise and provident 
government, and may be ranked among the 
duties, which every nation owes to itself, in 
time of war. 

II. In the management of war both offi- 
cers and men ought to recollect that they are 
human beings ; and that they cannot be jus- 
tiiied in carrying hostilities a step beyond 
the necessity of the case : and, having ac- 
complished, by force of arms, or otherwise, 
the object they had in view, their humans 
and benevolent feelings will be happily dis- 
played, inattentions to the wounded, and ia 
kind and friendly ofSces to the vanquished. 

In the year 1760, while some British and 
French troops were hotly engaged against 
each other, in the streets of Carrickfergus, a 
little child ran from the arms of its mother, 



THE KEPUBLICAN. 323 

drrcctly between the fire of the combatants. 
At sight of this, a French soldiery touched 
with compassiQn, at the situation of this 
thoughtless innocent, but regardless of him- 
self, advanced deliberately between the lines 
of fire, and taking the child in his arms, res- 
tored it to a place of safety, resumed his post, 
and renewed his hostilities, (a) This was 
an act of heroism ! an example worthy of 
the highest praise i 

The virtuous, polite, and brave Sir Philip 
Sidney, who was slain in the low countries, 
contendini^ for the libertv of the Dutch, a- 
gainst the Spaniards ; as he lay on the field 
of battle, mangled with wounds, was offered 
some water from a bottle ; but observing a 
soldier, who lay near him severely wounded ; 
this man's necessity, said he, is still greater 
than mine ; and declined the refreshment, in 
fiTvor of his wounded companion. (/;) 

Instances of this kind cannot fail to pro- 
duce a happy effect upon the sentiments and 
feelings of military men. 

Indeed, there is nothing in the character 

Ca) An anecdote, related by Smollet — vide bis History 
of England, book 3, chapter 3. section 14, in a note. 

(5) Hume'3 Hidtory of England, reign Elizabeth, ¥oI. Ill 
page 1S5. 



324 THE REPUBLIC AiY. 

of a military man, more admirable, than r; 
combination of fortitude, bravery, and hu- 
manity. In a manuscript poem, written sev^ 
eral years ago, entitled Bunker's hill, the au- 
thor takes occasion to represent this com- 
bination, in a very energetic manner, 
through the medium of old General Pomroy, 
who was the hero of the piece. A few days 
previous to the battle of Bunker's hill, a cel- 
ebrated proclamation was issued by General 
Gage, offering pardon in the king's name, to 
all the provincials who would lay down their 
arms, with the exception of the illustrious 
and venerated Samuel Adams and Johu 
Hancock. In allusion to this fact, the poet 
describes the arrival of messengers from 
General Gage,, at the marquee of General 
Pomroy, vvith offers similar to those contain- 
ed in the proclamation. These terms, how- 
ever, being inadmissible, the conference is 
broken off; but not without a request, on 
the part of the venerable and brave Pomroy,, 
that the British missives v/ould inform their 
general, that the Americans were a brave and 
generous people, who would not quietly sub- 
mit to tyranny and oppression. In the 
course of his remarks to them, with an hon- 



THE REPUBLICAN-, S2S 

est and manly pride,* he observes to them^ 
in the language of the poet : 

Tho' eighty winters bleach this hoary head, 
My nerves are firm, nor are my spirits fled. 
Tell him 'twas I the gallic phalanx broke. 
And fell'd brave Deiskaw, with a single stroke. 
This arm which smote him, 'mid the rage of ^-ightt 
rUlovv'd his head and spread his coverings light ; 
And now this dirk, recalls the movirnful day, 
When in deep swoons, he brea,th'd his life away, (ay 

Those military gentlemen, (and there are 
many such) who possess the courage, con-f 
stancy,and humanity, depicted in these lines, 
may be safely relied on by their country, to ad- 
vance its interest, but thev will never tarnish its 
honor. They will, like the bra vt Caillemote, 
the friend and companion in arms of the ven- 
erable Duke of Schomberge, in the last mo^ 
ments of life, encourao-e their advancing 
troops, and cry a la g loir e mes enfans ; a la 
gloire ! ^ 

Every body has heard of the chevalier 
Bayard, so remarkable for his strict honor^ 
gallantry, and humanity, as a military man, 
that he v/as distinguished, by his cotempo- 

(a) From tlie pen of the late James Allen, Esq. formerly 
«?f Boston, a gentleman of great eccentricity, but of micjuejij 

tlonable genius. 

* To glory my lads ; to glory ! 



326 THE REPUBLICAN". 

raries, by the appellation of *^ the knight 
without fear andivithoutreproach,^^ In 1524, 
this general was mortally wounded, at the 
head of the French Troops, while resisting 
an attack made upon them, by the Duke of 
Bourbon and the Marquis de Pescara. Fin- 
ding it impossible to remain any longer on 
horseback, the Chevalier ordered himself ta 
be placed under a tree, with his face to the 
advancing enemy. In this situation he ad- 
dressed his prayers to God, as became a sol- 
dier and a christian awaiting the approach of 
death; and while thus employed, he was 
perceived by the Duke of Bourbon, who 
was in the act of leading the Imperial troops 
to the slaughter of his own countrymen.—- 
But, rebel as he was, be expressed many rc> 
grets at the sight of the unfortunate Bayard. 
*■• Pity not me" cried the high spirited Chev- 
alier, '* I die as a man of honor ought, in 
*' the discharge of my duty. They indeed 
^'are objects of pity who Eght against their 
^^ King, their country, and their oath." [a) 

The cultivation, among our military and 
naval men, of such high minded and gener- 
ous sentiments, will invigorate the opera- 

(a) Robertson's History Charles V. book 3, towards Ih^ 



THE REPUBLICAN. S27 

lions of war, and give unfading lustre to the 
arms of America. Inspired with magnani- 
mous courage, every individual will despise 
disreputable actions, and discipline will be 
invigorated by a wide diffusion of honorable 
principles, tempered by humanit3% 

We hasten to conclude the observations 
which have been offered, upon the conduct 
©f war, with a paragraph from Dr. Smollet's 
history of England* 

" War," says the Doctor, *' is so dreadful 
*Vin itself, and so severe in its consequences, 
^Vthat the exercise of generosity and compas- 
^* sion, by which its horrors are mitigated, 
* bought ever to be applauded, encouraged, 
^' and imitated. We ought, ako, to use our 
^' best endeavors to deserve this treatment 
*' at the hands of a civilized enemy. Let us 
*' be humane, in our turn, to those whom the 
*' fate of war has subjected to our powen 
"let us, in prosecuting our military opera- 
" tions, maintain the most rigid discipline 
"among the troops, and religiously abstain 
" from all acts of violence and oppression. 
" Thus, a laudable emulation will undoubt- 
" edly ensue, and the powers at war vie with 
*' each other in humanity and politeness." (a) 
(a) Smollet's His. of England, book 3, chap. 8, sec, 50, 



32S T!IE RE'rUBLICAN/ 

OF TREATIES AND THEIR VARIOUS KINDS, AND 
OF THE PROVISIONS OF THE FEDERAL CON- 
STITUTION IN RELATION TO THEM. 

PEACE is the end of war, and the stip- 
ulations entered into, between two or more 
nations, respecting the terms upon which 
peace is to be established, are denominated 
a treaty of peace. Besides treaties of peace, 
there are, also, commercial treaties, which 
generally suppose a st£i|e of tranquility be- 
tween the contracting parties, though some- 
times limited compacts of this sort are ob- 
served by parties, actually in a state of war 
with each other. There are, also, treaties 
made, exclusively, with a view to war, and 
these are denominated alliances, by which 
the parties engage to furnish to each other 
'aid and succor in cases of attack. Such 
was the treaty, concluded by Queen Eliza- 
beth with the Dutch, the better to enable 
them to contend for their independence, 
against the tyranny of Philip II. and the 
Duke of Alva. And such was the well 
known treaty, concluded by Doctor Franklin 
with France, in the year 1778, guaranteeing 
the independence of the United States of 



THE REPUBLICAN. 529 

America. In addition to these, there are, 
also, treaties of cession, and treaties of neu- 
trality. Of the former kindj was the treaty 
made between this country and France, 
ceding Louisiana to the United States ; and 
of the latter kind are those^ whereby two 
nations, in view of some existing or expect- 
ed war, between other powers, contract to 
remain neutral, in regard to such contest ; 
or by which, one of the contracting parties 
engages to remain neutral, in relation to the 
M^ars of the other. Of the latter kind was 
the convention between the French Repub- 
lic and the King of Prussia, concluded in 
1795, having for its object, the neutrality of 
the north of Germany. 

Treaties are, also, distinguished into real 
and personal^ equal and unequal^ and are 
sometimes denominated agreements, con- 
ventions, &c. But, as these distinctions 
and differences are of little or no impor^ 
tance, in relation to the subject proposed^ 
we hasten to consider the effect of the pro- 
visions, of the federal constitution, in respect 
to the treaty making pow^r. 

Sir William Blackstone, in his commen 
taries upon the laws of England, observes, 

Dd 2 



330 ' THE REPUBLIC A. V.' 

that "wherever the right resides of beghv 
*" ning a national war, there, also, must re- 
*' sid^ the right of ending it, or the power of 
*' making peace." This opinion, though 
%veU enough, as it forms a part of Sir Wih 
iiams' panegyric upon the British constitu- 
tion, is, as a general proposition, manifestly 
incorrecto In the time of Charles XII. King 
of Sweden, the Swedish kings had the power, 
as in England, of making war and peace ; 
but after Sweden had been involved in need- 
less and cruel wars, by her royal madman, 
the constitution of the kingdom was wisel}^ 
altered, in such a manner, as that the King 
could not declare war, without the consent 
of the states, assembled in diet ; though he 
had authority to make peace, in conjunction 
with the senate. Other instances, in oppo- 
bition to the theory of Judge Blackstone^ 
might be mentioned, but our own constitu- 
tion furnishes the best refutation of the in- 
correctness of his maxim, as a general theo- 
rem, in polity. 

With us, the power of declaring war, rests 
in tl.e Congress of the United States; but 
tlie treaty making authority is delegated to 
the President, who exercises it, in concur- 
rc'ice with two tbirds of the senate present. 



THE REPUBLICAN. 331 



The execution of the authority thus estab^ 
lished, undoubtedly, requires great skill and 
fidelity ^ and lience, it has been wisely con- 
fided to those departments of the govern-^ 
rnent, where the greatest share of experience,, 
wisdom^ and decision, is supposed to reside. 
The wise men, who framed our federal con- 
stitution, readily foresa\¥, that however well 
many individuals might be skilled, in the 
ordinary affairs of legislation, it was not every 
one, who would have a knowledge of all the 
foreign relations and interests of his country, 
and of the vast and intricate ramifications of> 
commerce, sufficient to render him a ready 
and competent judge of the advantages or 
disadvantages of a treaty. Subscribing\ 
therefore, to the wisdom of our constitution, 
in this respect, a moment maybe usefully 
employed in inquiring into the extent of the 
treaty making power, established by it. 

The authority delegated to the President 
and the Senate, for the purpose of making 
treaties is given in general terms and vr^tnout 
limitation or restriction ; but this power, it is 
believed, is in a degree limited and control- 
ed, by the very nature of the Federal Conv 
pact, aiKl a fair construction of the constitu- 
tioo. Id the first place nothing is plainer 



332 THE REPUBLICAN. 

than that treaties stipulating directly or indi- 
rectly the expenditure of money, can have 
liO practical effect, without the consent of 
Congress; and it is equally apparent, that 
the provisions of a treaty of alliance with any 
foreign power, the performance of which, 
would involve the United States in a war, 
with a foreign State, would be completely in- 
operative, without the approbation of the na- 
tional legislature. For unless this be true, 
it v/iil follow, that the President and Senate, 
in the exercise of the treaty making power, 
notwithstanding the express provision of the 
Constitution, can in some cases, divest the 
legislature of the right to grant monies and 
to declare war. And since this cannot be, 
for a moment, supposed, it results, thattrea^ 
ties of this description cannot take effect 
without the concurrence of Conj^-ress. 

In Europe am^ong Sovereigns both territo- 
ries and subjects have been articles of trafiic 
and barter from time immemorial, and nothing 
is more commxOn than to embrace in treaties, 
cessions and transfers of both. But, can the 
President of the United States, two-thirds of 
the Senate concurring, make a treaty ceding 
any part of the territory of the respective 
statcs; or of that belongijig to the U. Stages ^ 



THE REPUBLICAN. 333 

The Constitution of the United States, be- 
ing a grant of power from the several states 
to the United States, it necessarily results 
that all authority not expressly delegated by 
that instrument, or confered by a reasonable 
construction of it, is reserved to the several 
states. But, in regard to the powers actual- 
ly delegated, the federal government is su- 
preme ; the treaty making power is express- 
ly delegated to the President, of the United 
States, to be exercised in concurrence, with 
two-thirds of the Senate. 

So far therefore as the treaty making au- 
thority is concerned, the President, with two- 
thirds of the Senate seem, fully competent to 
exercise the national sovereignty. 

And Vattel says, " if the nation hasconfer- 
'•' ed the full sovereignty on its conductor, it 
" has commJttedthe care of it to him, and has 
'' without reservegivenhimthe right oftreat» 
^* ing or contractingwith other states, itiscon- 
'' sidered as having invested him with all the 
*' power necessary to make a valid contract. 
^' The Prince is then the organ of the nation, 
*' what he does is reputed done by itself, and 
^' though he is not the proprietor of the public 

property, his alienations are valid^ as being 
* duly authorized.*^ 



i-t 



334 THE REPUBLICAN. 

But notwithstanding all this ; and altho' 
it is true, that as to the treaty making power, 
the constitution has in general terms confer- 
ed the exercise ofsovereignty upon the Pres- 
ident and Senate ; yet the very nature of the 
federal compact, as well as a reference to oth- 
er parts of the constitution negative the idea 
of any power residing in the President and 
Senate competent to the transfer of the lands 
of the states or of the United States. 

In the first place the Federal constitution 
is nothing more than a compact entered into 
J)y several independent sovereignties for 
their mutual welfare, and for the security of 
their liberty and that of posterity, and upon 
general principles no power can be implied 
in such a contract, which would authorize 
the partial or total exclusion of any of the 
contractins: parties from the benefits of the 
agreement. And yet such would be the ef- 
fect of the constitution, were it admitted that 
the President and Senate in the exercise of 
the treaty making power, had authority to 
cede or transfer the territory belonging to a- 
ny of the states to a foreign power. But 
there is no necessity of resorting to general 
principles and rules of construction to settle 
the question before us, since there are sever- 



THE REPUBLICAN. 335 

al clauses in the constitution which are total- 
ly incompatible with the existence of any 
such authority in the President and Senate. 

The constitution declares that the citizens 
of each state shall be entitled to all the privi- 
leges and immunities of citizens of the sev- 
eral states, and, also, that the United States 
shall guarantee to every state in this Union a 
republican form of government, and shall 
protect each of them against invasion. A 
treaty, therefore, which should transfer any 
portion of the territory or citizens belonging 
to any of the states, would contravene these 
solemn constitutional provisions and guaran- 
tees : But finally, it is evident from another 
clause of the constitution, that the United 
States have no jurisdiction over any of the 
territory of the respective states, except it be, 
bv the grant and concurrence of the state, 
where such territory may be. If there- 
fore the United States cannot appropriate to 
themselves a jurisdiction over any part of 
the territory of the respective states, w^hich 
may be necessary for the seat of government 
or for forts and arsenals, surely there is no 
power in the President and Senate to transfer 
any of the state territories by treaty. 

The remaining part of the question^ con- 



336 THE REPUBLICAN.' 

cerning the authority of the President and 
Senate to dispose of the territory belonging 
to the United States seems to be equally 
clear against such authority upon constitu- 
tional grounds, inasmuch as the constitution 
declares that the Congress shall have power 
to dispose of and make all needful rules and 
regulations respecting the territory of or other 
property belonging to the United States. 

From the preceding remarks it results 
that the treaty making power confered upon 
the President and Senate, is, at least, so far 
limited as not to include an authority to dis- 
pose of either the land, the money, or the 
blood of the country. 



OF THE EXERCISE OF THE TREATY-MAKING POW- 
ER, AND OF THE DUTY OF THE PEOPLE IN RE- 
LATION TO IT. 

THE authority of the President and Sen- 
ate in regard to the treaty-making power, 
having been examined, in the preceding 
chapter, with a view more particularly, to 
some of its restrictions and limitations, we 
come next to consider the duty of the Ek- 



THE REPUBLIC AI^. 337 

ecutive and Senate, in the exercise of this an- 
thority. 

To undertake to discuss a matter of this 
importance, in relation to the numberless 
cases which may possibly occur, in the pro- 
gress of this branch of our civil administra- 
tion, would, not only be a fruitless, but an 
endless task ; all that will be said, therefore, 
under this head, will consist in some general 
reflections, relative to the exercise of the 
treaty-making power. 

He, who has taken the pains to read the 
preceding numbers, with any degree of at- 
tention, will not fail to recollect that the duty 
of government to cherish and preserve hon- 
orable peace, has been earnestly inculcated. 

In the previous chapter, it has been, like- 
wise, remarked, that a war, which in its ori- 
gin might have been just, may become un- 
just, by a refusal on the part of the injured 
nation, to harken to reasonable terms of ac- 
commodation. 

"The love of peace," says Vattel, '^should 
" equally prevent the beginning of war with- 
**out necessity, or continuing it when this 
" necessity ceases. A sovereign, who, for 
** a just and important cause j has been obli- 

E e 



338 THE RErL'ELICAI\\ 



*'ged to take arms, may push the operatioiiis 

** of war' till he has attained its lawful end, 

"which is to procure justice and safety.'Ya>^ 

Whenever, therefore, a war has produced, 

on the part of the enemy, a disposition to 

treat with us, upon a basis ensuring justice 
and safety ; such a disposition ought to be 

met, in a spirit of reconciliation. 

But from this, it is not to be understood, 
that a nation is to stop its warlike operations, 
the moment it has accomplished the original 
object of the contest ; because, it may be 
justified, in going beyond this point, with a 
view, not only to its future safety, but to its 
present indemnification. 

If, for instance, an enemy, without provo- 
cation, should invade one of die states in our 
Union, and by force of arms, take posses- 
sion of it; it would be the duty of the federal 
government to expel the enemy, from the 
invaded territory, at all events ; and having 
done this, at a considerable expense of blootl 
and treasure, the original object of war, on 
our part would be accomplished. But the 
question would then present itself, whether 
it would be the duty of the United States, 
to stop the war at this point. In a case of 

f aj Vattel's Law Nations, book 4, chapter 1, section 6, 



THE REPUBLICAN. 339 

this kind, it would readily be perceived that 
other causes of war had associated them- 
selves with the original cause, in the progress 
of hostilities; and among these, would be 
discerned the claim for the expense and dam- 
age resulting from this unjustifiable invasion, 
as well as for security, against any future 
violations of our territory. And, unless the 
enemy should be willing to treat with us, 
acknowledging the propriety of such de- 
mands, as a basis oF negotiation, the nation 
would be justified, in respect to the enemy, 
in continuing the war, until complete justice 
could be obtained. 

Vattel remarks, that ** a state taking arms, 
*' in a just cause, has a double right against 
«* the enemy. First a right of putting itself 
^' in possession of what belongs to it, and 
** which the enemy withhold ; and to this 
*'must be added the' expenses, incurred to 
*' this end, the charges of the war, and the re» 
^« paratioa of damages. For, were the nation 
'' obliged to bear these expenses and losses, 
*' it would not fully obtain what i* its dufi, 
*' or what belongs to it.'Y^-^ 

But however just these principles may be, 
ia the abstract, they cannot always be en^ 

r« } Yattel. 



340 THE REPUBLICAN. 

forced in practice, without a deviation from 
discreet policy. Indeed, it will sometimes 
happen, that a nation may leave out of view, 
with honor and advantage to itself, such sec- 
ondary causes of war, in a treaty of peace : for 
it is with nations as it is with men ; they must 
make the best bargains they can, under all the 
circumstances of the case, taking care never 
to sacrifice their honor, or their essential 
rights. And it may be frequently better for 
them, having accomplished the leading ob- 
j ect of the war, to relinquish a part, or all of 
their just claims to an indemniiication, for 
the sake of a compromise of difficulties, rath- 
er than persevere in a conflict, the issue of 
which is alvvavs, more or less uncertain. 

For an easy illustration of these remarks 
a refereence may be made to a discussion, 
which took place in the English Parliament, 
in relation to the peace of Paris, concluded 
in 1762, a peace which ended the w^ar, begun 
with the French, about the British posses- 
sions in this country ; commonly called by 
the people of New- England the old French 
war. Although this was a brilliant and fortu- 
nate war for England and her colonies ; and 
although by the peace the British obtained-a 
considerable accession ofsitrength and vrealth. 



THE "H E PUBLIC A K. 341 

including among other things the quiet pos- 
session of Canada and Nova Scotia, and all 
the territory north of the OhiOj which had 
been previously claimed by the French ; yet 
Mr. Pitt, afterwards the Earl of Chatham, 
insisted, that ihe peace was dishonorable and 
disadvantageous to Great-Britain : He as- 
serted that Great-Britain ought to have re- 
tained an exclusive right to the New- Found- 
land fisheries, and to all her conquests from 
the French, in the West-Iijidies, as a perma- 
nent security for future peace, and as an in- 
demnification for the excenses of the war. 

But, the ndherents of the Ministry, on the 
other hand, considered the cessions made by 
France, under all the circumstances of the 
case, an adequate indemnification for the ex- 
penses of the war, and a sufficient security 
for future tranquility. They likewise regar- 
ded the points, which the opposition had pro- 
posed to contest, not of sufficient importance 
to justify the continuance of hostilities. 

But desirable as a peace may be to a Re- 
public, rulers ought never to suffer them= 
selves to be entraped, by insincere negocia- 
tions for a treaty ; the only object of whicli 

{aj Blssett's life George III. Vol. I. chapter 3, 
EC 2 



342 THE li EPUB Ltd A I^?» 

on the part of the enemy, is to gain time i6 
enable themselves to prosecute the war more 
effectually. To exemplify the dangers which 
are frequently concealed under diplpmatic 
artifices of this character, an historical anec- 
dote may not be amiss, i^'hen the English 
were at war with the Dutch in 1667, Lord 
Hollis and Henry Coventry, were dispatch- 
ed to Holland to negociate a treaty of peace ; 
and on their arrival, proposed a suspension of 
hostilities. Owning to the influence of one 
of the Dewitts, the proposal was not acceded 
to ; but the negociations were artfully pro- 
tracted, by the Dutch, who, in the meantime,^ 
Were secretly making great naval prepara- 
rations, for a decisive blow against the Eng- 
lish. It does not appear, that the British en- 
voys suspected the intentions of Dewit, until 
he suddenlv sailed into the British ChanneL 
tpok Shearness and burnt and sunk many val- 
uable ships of the British fleet ; besides 
spreading a scene of uproar and confusion 
among the English on shore, faj 

To detect the wiles of diplomacy, unques- 
tionably requires quick discernment, deep 
penetration, and great caution and address. 
But whenever there is reason to belie vCj the 

fa J Hume's History of England, reign Charles II. 



■ THE R£PU2LI,CABr. 343 

overtures for peace sincere, they ought to be 
met with a corresponding disposition, and no 
time should be lost, in setthng the basis of a 
fair and honorable pacification. Trifles 
ought to give way to so desirable an event ; 
nor ought the interests of mankind to be sac- 
rificed to too rigid an adherence to the forms 
and punctilios of diplomatic etiquette. 

Treaties of alliance, in which the contract- 
ing parties engage to take a part in each oth- 
ers wars, by furnishing supplies of troops and 
money, have been very common in P^urope 3 
and perhaps, they have frequently answered, 
a beneficial purpose there, by enabling small 
states to combine for mutual defence, against 
larger ones. Butowt ing to the happy pecul- 
iarity of our situation, in respect to other 
powers, we can foreseebut little need of such 
alliances to the United States, for the purpos- 
es of territorial protection. Perhaps, how- 
ever, it would be going too far to say, that 
such alliances, stipulating naval succors, in 
case of any improper interference with the 
commercial and maritime rights of the allies j 
would be useless to the United States. At 
any rate, when the case is foreseen, in which 
a co-operation of our naval force, with that 
of some other state^ may be deetned expedi- 



o 



44 THE REPUBLIC A K. 



ent for mutual protection, against any unju&t 
attacks upon our maritime rights, the repu- 
tation of our naval heroes for valor and skill 
will facilitate the coalition. 

It is a duty incumbent uppn every govern- 
ment, of vast importance, to maintain with 
all foreign states the most friendly relations . 
and v/ith this view, to establish with them 
treaties of amity and commerce, upon bases 
of reciprocal interests. Such arrangements 
lessen the chances of v/ar, and rehder it the 
interest of nations to remain at peace with 
each other. 

In regard to the treaties of cession, the 
President and Senate, have authority, to con- 
clude such as embrace the cession to us of 
territory from other nations. A judicious 
exercise of this authority, may be exceed* 
ingly beneficial to this country. 

An impartial neutrality, on the part of this 
country, in regard to other belligerent 
powers, can seldom prove inconsistent with 
its interest or honor. Any treaties there- 
fore, having this public relation in view, will 
be generally found, within the scope of an 
enlightened and wise policy. President 
Washington's declaration of neutrality, issu- 
ed in 1793, was in pursuance of a discreet 



THE REPUBLICAN. 345 

-and dignified policy, of this character ; and 
however much diis declaration was opposed 
by many good and upright citizens; time 
has demonstrated, beyond ail controversy, 
the foresight and wisdom of the measure. 

While it is the duty of the government to 
make, when practicable and necessary, trea- 
ties of peace, of commerce, of alliance, and 
all other useful compacts ; it is no less its 
duty to observe the stipulations of such en- 
gagements, with punctuality and fideHty-: 
All treaties, when regularly concluded, be- 
come a part of the laws of the land, and as 
such are to be observed and executed by the 
President and all other officers, of the state 
and Federal governments. 

Should we look into the history of diplo- 
macy ; perhaps we shall be inclined to thiuiC 
w4th Helvetios, that there is no such thing 
as probity, in relation to the world in gener- 
al ; and further, that nations have a code of 
moral principles, to be applied, in their inter- 
course with each other, altogether different 
from the system of ethics in practice with 
them at home. It is the duty of nations 
however, and of republics in a particular maiv 
ner, to adhere to the maxims of strict justices 
in the management of their external^ as well sPb 



346 THE REPUBLICAr7. 

their internal concerns. If utility alone U'^s 
the standard of morals, and the criterion ot 
justice, it would be sufficient to recommend 
to nations an adherence to the dictates of hon- 
or and good faith, in the management of ail 
their concerns. But the Divine mind, fraught 
with benevolent dispositions towards the hu- 
man race, will view, with an eye of favor, that 
nation, which submits itself to the guidance 
of justice, in its intercourse with the rest of 
his intelligent creatures. 

The rulers and governors of mankind are 
not only under a deep responsibility to their 
constituents and subjects, for the justice and 
SdcHty of their conduct, but they are under 
a positive obligation to God, to superintend 
the moral concerns of his creatures, in a spirit 
of justice and benevolence. 

If such are the obligations of rulers, to act 
in the discharge of their respective trusts^ 
with justice and honor; their constituents 
surely ought to be extremely careful, lest 
any of their conduct should cause the jus- 
tice and honor of government to be sus- 
pected. 

In obedience to this dictate of reason and 
patriotism, the citizens of a republican state 
should never suffer the allurements of private 



THE REPUBLICAN. b4i » 

iiiterest, or the persuasion of dishonest spec- 
ulations, to contravene the compacts and 
agreements of their country. A conduct of 
this kind, when perceptible in various instan- 
ces, is apt to beget abroad, suspicions of the 
good faith of the nation, and may be produc- 
tive of unhappy consequences. 

Finally, while it is the duty and privilege 
of each member, of a free commonwealth, to 
indulge a spirit of inquiry, in regard to public 
men and public measures ; every one should 
be careful, in respect to treaties, in a parti- 
culas manner, never to yield opinions to the 
guidance of party spirit. In regard to these 
important measures, the people ought to 
think dispassionately, on account of the dif- 
iiculty necessarily attending a proper esti« 
mate of their merits. 



REMARKS IN RELATION TO PUBLIU MINISTERS. 

AS we have spoken of treaties, it will not 
be irregular in this place to bestow a few re- 
marks upon public ambassadors and minis- 
ters. 

It would be needless^ however, to give a 



348 THE REPI^BLICAN. 

very special and detailed account of the varl • 
ous characters, powers, rights, and immuni- 
ties of this description of public functionaries : 
a short and general view will better coincide 
with the main design of these essays. 

An intercourse amons: the different nations 
of the world, requires the agency of ambas- 
sadors and envoys : peace cannot be restor- 
ed, nor treaties made, without the interven- 
tion of these functionaries. Hence it is, that 
the persons of these public ministers are al- 
ways considered sacred, so long as they con- 
tinue within the pale of their official duty. 

In the time of Charles V. the imperial 
general the Marquis de Guasto, caused Rin- 
con and Fregoso, the ambassadors of Fran- 
cis I. King of France, to be murdered as 
they descended the river Po, towards the 
places of their destination ; and the deed, so 
palpably in violation of the laws of nations, 
excited every where, great indignation. 

But though it is agreed on all hands, that 
the persons of ambassadors are inviolable, 
yet this inviolability, will not permit or suf- 
fer them to perpetrate crimes of an enormous 
character, with impunity. 

In the time of Oliver Cromwell, a Spanish 
ambassador, by the name of Don Pantaleon 



THE R E P tJB L I C A isr-. 3,49- 

Sa, fancying himself insulted, barbarously 
murdered an English gentleman on the ex- 
change, and then attempted to shelter him- 
self under his official privileges. But Oliver 
Cromwell had too much vigor of mind to 
permit the outrage to go unpunished, and ac- 
cordingly the ambassador was seized, tried, 
and hung. 

This conduct of the Protector, has been 
supposed by some to be a violation of the 
laws of nations ; but, at any rate, it was gen- 
erally approved of throughout Europe, and 
it has been subsequently sanctioned by Hale 
and Foster, eminent lawyers in England. 

In the appointment of public ministers, 
care should be taken to select men of cool- 
ness, industry, learning, and penetration; 
and in addition to these qualifications, our 
ambassadors and envoys, should be men of 
sterling integrity and firmness. 
- In regard to integrity and firmness, there 
is an interesting story told of the Roman Fab* 
ricius. Fabricius was extremely poor, but 
a man of great probity ; and being sent am» 
bassador to Ph'yrijius, was received by him 
with particular marks of distinction. Phyr= 
rus made him an offer of gold, not in shape 

F f 



350 THE REPUBLICAiJ^a 

of a direct bribe, but as a friendly present ; 
the Roman however refused the proffer. — - 
Phyrrus, being desirous also of making an 
experiment upon his nerves, and knowing 
that he had never seen an elephant, conceal- 
ed, the next day, the largest one he had, be- 
hind a curtain in a room where they were to 
be in conference. Suddenly the curtain was 
drawn aside, and the elephant, armed in the 
most warlike manner, circulated his trunk 
over the head of Fabricius, with a horrible 
noise. The Roman ambassador, without 
manifesting the least discomposure, said to 
Phyrrns with a smile, *' neither your gold 
** yesterday, nor your beast to-day, has made 
**any impression upon me." 

We have already remarked, in the prece- 
ding essay, that it requires discernment and 
penetration to detect the wiles of diplomacy i 
a deep insight into human character is no 
less impot'tant to enable ministers to nego- 
ciate with success. 

A French and Spanish ambassador, who 
met for the purpose of negociating some 
important treaty, fell into a familiar conver- 
sation, previous to entering on die discussion 
of the weighty topics, which they were met 
particularly to consider. 



THE REPUBLICAN. 'SSi- 



During this, confabulation, his Spanish 
Excellency took occasion to remark, that 
the pen which he held in his fingers, was the 
only instrument which he had employed for 
twenty 3-ears past, in writing all his dispatch-, 
es. As this inipoitant piece of informationg: 
was communicated with an air of great self- 
approbation, the Frenchm.an affected a de» 
pree of admiration at the w^onderful atten- 
tion be^stowed, by the Spanish minister upon 
matters, apparently so unimportant, but 
which, as lie said, w^re of great importance 
in every general scheme of private or na- 
tional economy. This artful reply Hattered- 
the foible of the Spaniard, while the French 
mhiister iowardly remarked : if the_ noble ■■ 
man with whom i have to negociate, attach-^ 
es so niucli importance to things, so unmi- 
portaiit, liis views of great and important; 
affairs wiii be limited. 

Ambassadors and public ministers ought^ 
also to be good logicians ; in order, that they 
mav, in their diplomatic correspondences,^ 
** stick to the point,'' as the phrase is, and 
make their opponents do the same. Nothing j. 
surely, can be more disagreeable in the eye 
of a man of sense and true taste, than tha£ 
E^an(»uyreing stile of involutioB aod amhi- 



352 THE KEPUBLICAN. 

gulty, which sometimes characterizes diplo- 
matic communications. It is in opposition 
to all the rules of just criticism, and corres- 
ponds better with the character of a petli^ 
fogging lawyer, than with that of a high min> 
dcd minister, to whom is confided the im- 
portant interests of a great nation. 

It is not, however, to be expected that 
diplomatic agents are to carry their hearts 
rjpon their sleeves, and to let their adversa- 
ries into a knowled2:e of all their views and 
purposes : but they ought to be so prompt 
and explicit, as to test the sincerity of those 
with whom they correspond, as to prevent 
evasions, detect subterfuges, and counter- 
act procrastination. 

In addition to ministers charged w^ith the 
negooiation of treaties and other special mis- 
sions, there are resident ministers, C/iargs 
des affairs^ Consuls, &g. the object of whose 
appointment is, to cultivate and preserve a 
^ood understanding: between nation and na- 
tion ; to watch over the commercial inter- 
course existing between them ; and to facil- 
itate the business transactions of their coun- 
trymen, at the port where they reside. So- 
great is the care which commerce deserves, 
>:^t the hands of the gbA'ernmcnt, 



fllE REPUBLICAN. ^^B2 



OF ^IBARGOES AND COMMERCIAL RESTSf€- 
TIONS. 

BY the r./'.^utution of the United States, 
*' Congress have power to regulate commerce 
*■ with foreign nations, among the several 
*'sri 3. and with the Indian tribes." From 
this clause is derived the power of imposing 
lestrictions, either total or partial, upon the 
sailing of vessels from our ports, for a certain 
time, and of enacting non- importation and 
oon-intercourse laws, and other commercii^l 
regulations. 

It has been contended, by many very able 
and enlightened men, that a perpetual embar- 
go, in this country, would be an unconstitu- 
tional measure, amounting to an annihilation, 
instead of a regulation of commerce. And 
there can be no doubt of the truth of this, 
considering it as an abstract position ; inas« 
much, as a perpetual embargo would deprive 
the citizens, of this country, of a portion of 
those national rights, which they never could 
surrender, consistently with the spirit and 
principles of a free constitution. But an 

F f 2 



oSi fun n^Pv^itcAi^V 

embargo, though technically perpetuaUv 
must in fact, under our existing government, 
always be a temporary expedient. 

According to a strict legal principle, all 
laws which do not express the times of their 
duration, or contain some clause, providing 
for their repeal, are denominated among law- 
vers, perpetual laws : and although in this 
country laws of this description, may be al- 
ways at thG will of the people, they are nevef° 
theless liable to well founded objections. 

By a law which is technically perpetual, 
however just and proper may be its objects, 
the interests of the people are placed too much 
fit the will of either branch of the national Le- 
gislature ; and too much at the will of the 
President alone, in cases where two-thirds 
of the Legislature refuse to concur to repeal 
it. According to our federal constitution, 
the passage of a law requires the concurrence 
of the President, Senate and House of Rep- 
resentatives ; unless two-thirds of the Senate 
aild House concur. Hence, incases of laws 
which do not limit their own duration, new 
and distinct laws kre necessary to effect re- 
peals of them: and as the passage of such 
laws, may be obstructed, by either branch 
of tl|e Legislature, it would seem to foUowv 



THE REPUBLICAN, 35^ 

that the interests of the people are placed 
too far beyond the reach of the great body 
of their representatives, by laws technically 
perpetual. 

The practice of legislation will generally 
be much more consistent with the principles 
of our constitution, if the continuation of 
great and important laws, is made to depend 
upon their reenactment, from time to time, 
nither than upon the repealing power of the 
Legislature : for where the reenactment of a 
law is made necessary to its continuance, it 
will require the concurrence of the three 
branches of the Lesrislature to continue its 
existence ; but where the law cannot be 
made to expire, unless the Legislature exer» 
Gises its repealing power, one branch of the 
Legislature alone can keep the law in exist- 
eiice, in opposition to the other two. 

In a nation so essentially commercial as 
the United States, a measure which suspends 
all commercial ent€rprize, for an unlimited 
time, must be productive of serious conse^ 
quences to the great body of the people. 

Merchants, seamen, and the inhabitants of 
cities, generally, must experience, in a par- 
ticular manner, the privations and embarrass- 
^mentSj incident to such a state of commercial 



• T HE RE V V B LI C AN . 

restriction. And as these consequences will 
attend a limited suspension of commerce, in 
a certain degree, it will be acknowledged on 
all hands, that such measures ought never 
to be resorted to, unless with a view of avert- 
ing greater calamities. War is generally 
considered to be one of the greatest evils in- 
cident to a state of civil, or political socie» 
■ty ; but it is, by no means the greatest^ 
^vhich can happen to a nation, situated like 

1.1 ' 

ihe United States. Indeed, in this countr}', 
Vvhere the people are so remarkable for their 
enterprise, activity, and courage, war must 
be preferable to a long continued state of 
commercial restraint, which wastes the prop- 
erty, deranges the habits, and crosses the 
natural genius of the citizens ; while it may 
dry up some of the ordinary and customary 
channels ^f resource and revenue to the 
country. 

A resort, nlso, to an embargo, as the only 
means intended to be made use of, in coerc- 
ing a foreign power to respect our maritime 
riehts, is no more or less, than a surrender of 
those rights, to the will and pleasure of such 
power ; under a notion that our passive and 
submissive situation, go operating with the 
necessities of the nation denying us the com- 



THE REPUBLICAN. ^^ i 

iFiOn privileges of mankind, will eventuate in 
a restoration of those privileges. 

But a short temporary embargo, as pre- 
liminary to measures of actual resistance, 
may be often found, a wise and politic 
measure ; which while it leaves the door 
open for amicable negociations, on the one 
hand, gives us an opportunity, on the other, 
of recalling our ships and seamen from the 
ocean, and of preparing for hostilities. 

This was unquestionably the policy of the 
thirty days embargo, which took place, 
during the administration of President \^'ash- 
in^ton. And this seems to have been the 
original policy of the last embargo law, 
which took place under Mr. Jefferson's ad- 
ministration, as is evident by the documents 
of the times, ^ay' 

A non-importation act, which only pro- 
hibits importations as the name imports has 

(aj In Mr, Jefforsoii's Message to Congress of 
December 18th, 1807, recommending the embargo, 
he-plainly develops the objects he has in view, by a 
resort to the measure. After remarking to Congress, 
that under existing circumstances, it is of the great- 
est importance to keep in safety our seamen, vessels, 
and merchandise, he observes lO them, " that their 
^i \yisdom m^.\ also see the necessity of making every 



3oS THE REPUBLICAN. 

been usually resorted to for the encourage- 
ment of the manufoctures and agriculture of 
a nation, or to countervail the effects of like 
prohibitions, enacted by other nations. It 

" preparalton, for whatever event may grovs^ out of 
'•the present crisis." 

In about two months after this, he again addressed 
Congress by message (February 26th, 1808) and 
says, " the dangers to which our country is exposed, 
" arising from the contests of other nations, and the 
'• urgency of making preparations for whatever events 
<' might affect our relations with them, have been in- 
" timated in preceeding messages to Congress : to 
*' secure ourselves, by due precaution, an augmenta- 
" tion of our military force, as well regulars, as of 
•* volunteer militia, seems to be expedient." 

Thus again in his answer to the Legislature of 

New-Hampshire, dated August 2d, 1808: ** the 

*' depredations committed on our vessels andproper- 

" ty on the high seas, the violence to the persons of 

" our citizens, employed on that element, had long 

♦' been the subject of remonstrance and complaint, 

*' when instead of reparation, new declarations of 

♦' wrong are issued, subjecting our navigation to 

<' general plunder. In this state of ihin^Sy. our Jirs! 
«* duty was to withdraw our seafaring citizens and 

" property from abroad, and to keep at home re- 

" sources so valuable at all times, and so essential, 

" if resort must ultimately be had to force. It gave 

" us time too to make a last a/i/ieal to the reaso?i and 

^^ reputations of natio7is** 

In one of Mr. Jefferson's last messages to Con^ 



THE REPUBLICAN, 359 

is what is generally denominated a municipal 
regulation, and cannot be viewed by foreign 
powers, asan unfriendly measure, unless un- 
der some particular circumstances. 

gress, November 8th, 1808, after having remarked, 
that a submission to the usurpations of France or Eng- 
land, sacrificed a vital principal of our national inde- 
pendence, he continues thus s " Under a continu- 
^» ancs of the belligerent measures, which in defiance 
" of lavsrs which consecrate the rights of neutrals, 
«< overspread the ocean with danger, it will rest with 
" the wisdom of Congress to decide on the course 
" best adapted to such a state of tilings : and bring- 
«* ing with them, as they do, from every part of the 
^' Union the sentiments of our constituents, my con- 
" fidence is strengthened, that in forming this decis- 
" ion, they will, with unerring regard to the essen- 
" tial rights and interests of the nation weigh and 
<5 compare the painful alternative out of which a 
^* choice is to be made. Nor should I do justice to 
^< the virtues, which on other occasions have marked 
^« the character of our fellow citizens, if I did not 
*« cherish an equal confidence, that the alternative 
" chosen, whatever it may be, will be maintained 
" with all the fortitude and patriotism which the cri- 
" sis ought to inspire." 

To demonstrate in what light this crisis was con- 
sidered ; to exhibit the prevailing sentiments diffu- 
sed by such language as the above, and the measures 
in which the embargo was about to eventuate, refer- 
ence must be hstd to such resolutions as the following^ 



360 THE REPUBLICAK". 

A non-intercourse act which interdicts 
both importations and exportations, is a 
measure of an unfriendly complexion, and 
generally intended to operate coercivel_v upon 

which were immediately passed in Congress, with 
great unanimity, viz. 

" Resolved^ That the United Slates cannot, with- 
*' out a sacrifice of their rights, honor, and indepen° 
» dence, submit to the late edicts of Great-Britain 
■'■ and France. 

" Resolved^ That it is expedient to prohibit, by law, 
*^' the admission into the ports of the United Slates 
^< of all public or private armed or unarmed ships or 
"vessels, belonging to Great-Bri;ain, or France, or 
'^ to any other of ihe belligerent powers, having in 
" force order.s or decrees violating the lawful com» 
" merce and neutral rights of the United States ; and 
" also, the importation of any good«, wares, oriner- 
" chandiscj the growth, produce or manufacture of 
" the dominions of any of the said po"^vers, or import- 
" ed from any place in the possessions of either. 

" i?f5o/T/^c?, That measures ought to be immedi- 
^< ately taken, for placing the country in a mure com- 
^< plete state of defence." 

The first and third of these resolves passed the 
House on the first of December, 1B08, without op- 
position, and the second by a majority of 84 to 21. 

As a further confirmation of the views of Mr. 
Jefferson, concerning the embargo, two other facts 
will be stated, viz. his declarations to the republicans 
of Boston, and the non^intercourse act approved by 



THE REPUBLICAN* 361 

the foreign state with which it exists, by de- 
priving it of the advantages and benefits of 
trade. To measures of this kind, it has 
long been considered that an advantageous 

him, on the first of March 1809, three days previous 
to the expiration of his public life. 

in answer to the republicans of Boston, under date 
of January 14th, 1809, after remarking, that the mo- 
ment seems likely to be pressed upon us, for exer- 
ting the united powers of our country, in repelling 
the injuries of the belligerents of Europe, he ob- 
serves, "after exhausting the cup of forbearance and 
«» conciliation to the dregs, we found it necessary, in 
««behalf of that commerce, to take time to call it 
« home into a state of safety, to put the towns and 
<« harbors which carry it on, into a condition of de- 
«« fence ; and to make further preparations for enforc- 
«« ing the redress of its wrongs, and restoring it to its 
" rightful freedom. This required a certain measure 
« of time, which, although not admitting specified 
<< limitation, must, from its avowed objects, have been 
*< obvious to all; and the progress actually made to- 
^« wards the accomplishment of these ob jQcis, firovss 
^i it now to be near its term.** 

And last of all, the non-intercourse act of March 
1st, 1809, which was deemed by all, the immediate 
precursor of hostilities. This act provided for its 
own repeal as well as the total repeal of the embargo, 
after the then next session of Congress, (which ac- 
tually commenced in less than ninety days from the 
passage of the law} after which, if the belligerents 

Gg 



n 



62 THE REPUBLICAN-. 



resort might be had, under particular clr^ 
cumstances. They are, however, measures, 
which should not be too hastily adopted, nor 
ought they ever to be adopted for light and 
trivial causes. Indeed, it will readily occur 
to every one, that by a resort to these meas- 
ures, for the purpose of coercing a neighbor- 
did not relax in their injurious orders and decrceSi 
no oiternative remained to the country except war or 
submission. 

In coincidence with these views of the embargOi 
demonstrated by the President, might be mentioned 
similar views of it entertained by other members of 
the government. 

It may not be amiss to particularise the opinion of 
the Hon. John Q. Adams, whose high reputation 
gives it great weight. In regard to the embargo, irj 
his letter to a hitjhiy respectable personage, dated 
March 31st, 1808. he expresses himself in these 
words, " its double tendency of promoting peace and 
" preparing for war, in its operation upon both the 
" belligerent rivals is the great advantage, which 
" more than outweighs all its evils." 

It would be foreigi) to our purpose to inquire par- 
ticularly how far the embargo, answered the pur- 
poses for which it was designed, for this would ne- 
cessarily involve a consideration of more than three 
years of the ac\ministratipn of his successor, which 
elapsed previous to the war : ihe object is only to 
exhibit proof lending to show the foundaliom upon 
which the remark in the text rests. 



THE REPUBLICAN. 363 

ing state, we may sometimes derange our 
own commercial concerns, to a considerable 
extent ; and thus the evil created in this way, 
may be greater than that, which we aim to 
cure. But arguments of this kind are only 
calculated to suggest a proper degree of cau- 
tion, in a resort to commercial restrictions; 
and by no means to prevent a recurrence to 
them upon proper occasions. 

Perhaps we cannot conclude better than 
by remarking that Mr. Hamilton, in his Xlth 
number of the Federalist, deems the power 
v/hich Congress have to impose prohibitory 
and restrictive regulations, in regard to com^ 
mercial affairs, as a verv beneficial feature ia 
our constitution. 



FINIS. 



PART I. 

I Essay 1. On the Nature of Man 15 

Essay 2. On the Natural Rights of 

Man 21 

Essay 3. Of the Laws of Nature 34 

Essay 4. An Idea of the Civil 

State 38 

Essay 5. Of the Origin and End of 

Civil Government 45 

Essay 6. Of Civil Liberty 56 

Essay 7. Of Sovereignty and Alle- 

giance 68 

Essay 6. Of the Various Forms of 

Civil Government 77 

Essav 9. An Idea of the Govern- 
iBent of the United States, in con- 
nection with the State Governments 79 
Essay 10. Of the Elective Fran- 
chise 84 



366 COi^TENtSe * 

PART II. 

Prefatory Observations . 87 

Essay 1. An Idea of the Scope of 
the First Class 91 

Essay 2. Of the Public Worship of 
God 94 

Essay 3. Of Education 110 

Essay 4. Of the Advancement of 
Good Morals 116 

Essay 5. Of Patriotism 121 

Essay G. Of the Liberty of the 
Press " 131 

Essay 7. Of the Exercise of Elec- 
tive Rights 135 

Kssay 8. Ofthe Character and Qual- 
ifications of our Judicial Officers 143 

Essay 9. On the Duty of the People 
in Relation to the Administration of 
Justice 149 

CLASS IL OF PART IL 

Essay 1. General Thoughts on the 
Necessity of Suitable Military and 

Naval Establishments 154 

Essay 2. Of the Militia 158 

Essay 3. Of the Army 166 

Essay 4. Of a Navy 173 

Essay 5. Of Fortifications 179 



*^ CONTENTS. 367 

CLASS III. OF PART 11. 

Essay 1. Introductory Remarks on 

the Importance of AgriculturCj 

Commerce, and Manufactures 183 

Essay 2. Of Agriculture 189 

Essay 3. Of Commerce 200 

Esaay 4. Of Manufactures 216 

Essay 5. Of the Revenue 232 

CLASS IV. OF PART IL 

Essay 1. General Observations on 
the Importance of Public Credit — - 
and on the Coin and Currency of a 
Nation 249 

Essay t. Of the National Currency, 
and the Advantages and Disadvan- 
tages of Banks 264 
Essay 3. Of a Mint 279 
Essay 4. Of the National Bank 281 
Essay 5. Of a National Debt 284 

PART IIL 

Essay 1, Of the Foreign Relations 
of' a Republican State 292! 

Essay 2. Of War and its Various 
Kinds 299 



368 CONTEN.TS. 



I^a^e. 



Essay 3. Of the Duty of a Republi- 
can Government and People, in Re- 
lation to Deelarations of War 304 

Essay 4. Of the Manner in which 

War ought to be Conducted 316 

Essav 5. Of Treaties and their Va- 
rious Kinds, and of the Provisions 
of the Federal Constitution in Re- 
lation to them 328 

Essay 6. Of the Exercise of the 
Treaty -Making Power, and of the 
Duty of the People in Relation to it 326 

Essay 7. Remarks in Relation to 
Public Ministers 347 

Essay 8. Of Embargoes and Com- 
mercial Restrictions 353 



ERRATA. 
Page 32, line 24, for " this," read the. 

36, 23, for *'• eminent," read imminent. 

83* in the reference, instead of Essay 8, read Essay 6. 
99, 21, dele, " pours," & insert should pour. 

141* 10, lor ♦' prevades," read pervades. 

171, 27, for " superintendure," superintendence. 

184*, 26, for " can be," read is. 

. 215, 17, for " as," read are. 

262, 15, before " future," insert the. 

300, 5, for " maintainance," read maintenance. 

362*, 25, dele, *' the," & insert Mr. Jefferson's. ^ 

There may be some typographical errors biesides, which 
it is not necessary to notice. 



Distxiet of Mas^acTatiseiUs, to ^it« 

DISTRICT clerk's OFFICE. 

BE IT REMEMBERED, that on the first day 
of June, A. D. 1820, in the forty-fourth year of the 
independence of the United States of America, WIL* 
LIAM C. JARVIS, of the said district, has depos- 
ited in this office the title of a book, the right whereof 
he claims as author, in the words following, viz. 

The Republican 5 or, a Series of Essays on the 
principles and policy of free states. Having a par- 
ticular reference to the United States of America 
and the individual States. By WILLI /VM C» 
JARVIS, Esq. Counsellor at Law. « But let us not 
«' neglect, on our part, such means as are in oup 
*' power, to keep the cause of truth, of reason, of 
?* virtue, and liberty alive."— .Pa^no; King. 

In conformity to the act of the Congress of the 
United States, entitled, *' an act for the encourage^ 
" ment of learning, by securing the copies of maps, 
«» charts and books, to the authors and proprietors of 
'5 such copies, during the times therein mentioned :" 
and also to an act entitled, " an act supplementary to 
" an act, entitled, an act for the encouragement of 
" learning, by securing the copies of maps, charts and 
^* books, to the authors and proprietors of such copies 
^' during the times therein mentioned ; and extending 
"the benefits thereof to the arts of designing, engra- 
^^ TJng and etching historical, and other prints." 

JNO. W. DAVIS, 
Clerh of the DMrkt of Massachusetfy , 



